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O.C.G.A. § 9-13-174 — When sheriff's successor empowered to make titles | Georgia Code
O.C.G.A. § 9-13-174 (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

9-13-174. When sheriff's successor empowered to make titles.

If a sheriff fails to make titles to a purchaser, his successor in office may make them in the same manner as if he had sold the property.

(Laws 1799, Cobb's 1851 Digest, p. 576; Code 1863, § 2583; Code 1868, § 2585; Code 1873, § 2627; Code 1882, § 2627; Civil Code 1895, § 5453; Civil Code 1910, § 6058; Code 1933, § 39-1304.)

JUDICIAL DECISIONS

This section is mandatory in its term, and an order of the court to make a title to land is unnecessary. Fretwell v. Doe, 7 Ga. 264 (1849); Clements v. Lyon ex rel. Moyas, 51 Ga. 126 (1874).

RESEARCH REFERENCES

C.J.S.

- 50A C.J.S., Judicial Sales, §§ 12-24.

ALR.

- Validity of sale by sheriff or similar public officer as affected by previous removal, resignation, or expiration of term, 10 A.L.R. 1341.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., 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.