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O.C.G.A. § 9-13-162 — Continuance of sale from day to day | Georgia Code

O.C.G.A. § 9-13-162 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 13. Executions and Judicial Sales, 9-13-1 through 9-13-178.

ARTICLE 7 JUDICIAL SALES

9-13-162. Continuance of sale from day to day.

Any sheriff, coroner, constable, tax collector, guardian, trustee, or any other officer of this state, when selling property at public sale by virtue of any law of this state, may continue the sale from day to day until the sale is completed, provided that the trustee or other officer has given notice of the intended continuance in the advertisement of the sale.

(Ga. L. 1851-52, p. 242, § 1; Code 1882, § 3646a; Civil Code 1895, § 5456; Civil Code 1910, § 6061; Code 1933, § 39-1202.)

JUDICIAL DECISIONS

Officer conducting judicial sale must keep sale open until competent bid is received or until the officer is satisfied that such a bid will not be offered. Wachovia Mtg. Co. v. DeKalb County, 241 Ga. 416, 246 S.E.2d 183 (1978).

Upon failure of purchaser to comply with the purchaser's bid, the sheriff may resell, within legal hours, on same day, without readvertisement. Williams v. Barlow, 49 Ga. 530 (1873); Humphrey v. McGill, 59 Ga. 649 (1877); Wachovia Mtg. Co. v. DeKalb County, 241 Ga. 416, 246 S.E.2d 183 (1978).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Judicial Sales, § 56 et seq.

C.J.S.

- 50A C.J.S., Judicial Sales, § 30 et seq.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.