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2018 Georgia Code 9-13-178 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-178 Case Law from Google Scholar Amendments to OCGA 9-13-178

TITLE 9 CIVIL PRACTICE

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

ARTICLE 7 JUDICIAL SALES

9-13-178. When title deeds prior to purchase must be proved.

In all controversies in the courts of this state, the purchaser at a judicial sale shall not be required to show title deeds prior to his purchase unless it is necessary for his case to show good title in the person whose interest he purchased.

(Orig. Code 1863, § 2576; Code 1868, § 2578; Code 1873, § 2620; Code 1882, § 2620; Civil Code 1895, § 5447; Civil Code 1910, § 6052; Code 1933, § 39-1305.)

History of section.

- The language of this Code section is derived in part from the decision in Whatley v. Doe, 10 Ga. 74 (1851).

JUDICIAL DECISIONS

Purchaser cannot demand that original owner give the purchaser certain deeds constituting chain of title. Gay v. Warren, 115 Ga. 733, 42 S.E. 86, 90 Am. St. R. 151 (1902).

Sheriff's deed must be supported by proof of defendant in execution's title to maintain trespass action. Parker v. Martin, 68 Ga. 453 (1882); Wood v. Haines, 72 Ga. 189 (1883); Ault v. Meager, 112 Ga. 148, 37 S.E. 185 (1900).

Requirements to maintain action for ejectment.

- When neither the petition in an action for ejectment nor the abstract attached thereto and made a part thereof shows title in the plaintiffs, purchasers of land obtained from an execution sale, to the lands in dispute, from the original source or from a common grantor, and fails to show either title in or possession by a defendant in execution in the sheriff's deed at the time of the levy, the petition fails to set out a cause of action. McGinley v. Goette, 205 Ga. 225, 52 S.E.2d 848 (1949).

Cited in Walton v. Sikes, 165 Ga. 422, 141 S.E. 188 (1927); Sinclair v. Friedlander, 197 Ga. 797, 30 S.E.2d 398 (1944).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Judicial Sales, § 146 et seq.

C.J.S.

- 50A C.J.S., Judicial Sales, §§ 87, 88.

ALR.

- Sheriff's deed as making a prima facie case for one seeking to recover land thereunder, 36 A.L.R. 986; 108 A.L.R. 667.

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