O.C.G.A. § 9-13-178 (2019)
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.
History
(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.)
Annotations
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 ALR 986; 108 ALR 667.
CHAPTER 14 HABEAS CORPUS Sec.
Article 1 General Provisions Sec.
Who may seek writ. Habeas corpus on account of detention of spouse or child. Petition for writ - Contents. Petition for writ - Verification; to whom presented. When writ granted. Form of writ. Return day for writ. Service of writ. When warrant for arrest of person detained to be issued along with writ. Respondent’s return to writ - When and where made. Respondent’s return to writ - Verification; production of person detained. Respondent’s return to writ - Statement of transfer of custody; procedure when transfer made to avoid writ. Production of legal process. Hearing of issue. To whom notice of hearing given. When person not to be discharged. Discharge for defect in affidavit, warrant, or commitment. Discharge after arrest for offense committed in another state. Powers of court in cases not covered by Code Sections 9-14-16 through 9-14-18. Recordation of proceedings by clerk of court; fees.
Cross references. - Prohibition against suspension of writ of habeas corpus, Ga. Const. 1983, Art. I, Sec. I, Para. XV. Provision that defendant shall not be discharged on writ of habeas corpus be-
Costs of proceedings. Appeals; speedy hearing; transmittal of remittitur. Attachment for contempt for disobedience of writ. Article 2
Procedure for Persons under Sentence of State Court of Record
Legislative intent. Article as exclusive procedure. Grounds for writ; waiver of objection to jury composition.