JUDICIAL DECISIONS

Former Civil Code 1895, § 5469 (see now O.C.G.A. § 9-13-176) has been construed with former Civil Code 1895, §§ 5451 and 5468 (see now O.C.G.A. § 9-13-175). Mattlage v. Mulherin, 106 Ga. 834, 32 S.E. 940 (1899).

Purchaser may waive the right to possession by a contract with the defendant in executions. Chambers v. Collier, 4 Ga. 193 (1848).

Pendency of suit respecting sale will not postpone right to order. Williamson v. White, 101 Ga. 276, 28 S.E. 846 (1897); Suttles v. Sewell, 105 Ga. 129, 31 S.E. 41 (1898).

Injunction will lie to prevent defendant in fieri facias from cutting timber, although purchaser failed to apply for possession. Hines v. Lavant, 158 Ga. 336, 123 S.E. 611 (1924).

Title resulting from tax sale would constitute sufficient ground for court's refusing application under this section when the holder of a security deed, after obtaining judgment upon notes secured thereby and becoming the purchaser of the property at an execution sale made in pursuance of such judgment, applied to the superior court for an order to require the sheriff to place the applicant in possession of the property since it appeared from the evidence that the execution of writ of possession as applied for would require the officer to dispossess another person who held the property under a valid independent title. Edwards v. Hall, 176 Ga. 632, 168 S.E. 254 (1933).

Cited in Alexander v. Holmes, 180 Ga. 397, 179 S.E. 77 (1935); Voyles v. Federal Land Bank, 182 Ga. 569, 186 S.E. 405 (1936); Interstate Bond Co. v. Cullars, 189 Ga. 283, 5 S.E.2d 756 (1939).

RESEARCH REFERENCES