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2018 Georgia Code 9-13-52 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-52 Case Law from Google Scholar Amendments to OCGA 9-13-52

TITLE 9 CIVIL PRACTICE

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

ARTICLE 3 PROPERTY AGAINST WHICH EXECUTION LEVIED

9-13-52. When sheriff may levy on and sell land outside county.

A sheriff or other levying officer shall not sell land outside the county in which he is sheriff or such officer except when the defendant in execution owns a tract or tracts of land divided by the line of the county of his residence, in which case the land may be sold in the county of his residence; if such tract of land is in a county other than that of the defendant's residence, it may be levied on and sold in either county.

(Laws 1808, Cobb's 1851 Digest, p. 509; Laws 1847, Cobb's 1851 Digest, p. 516; Code 1863, § 3573; Code 1868, § 3596; Code 1873, § 3644; Code 1882, § 3644; Civil Code 1895, § 5428; Civil Code 1910, § 6033; Code 1933, § 39-122.)

JUDICIAL DECISIONS

Meaning of "tract".

- Word "tract" in its common signification does not imply anything as to the size of the parcel of land. Cade v. Larned, 99 Ga. 588, 27 S.E. 166 (1896).

Exception stated in this section was intended to apply not only in cases where a land lot is divided by a county line, but where the county line is located exclusively upon original land-lot lines so long as the tract is divided by the county line. Cade v. Larned, 99 Ga. 588, 27 S.E. 166 (1896).

Sheriff of county of residence may sell both tracts.

- When a tract of land is divided by the line of the county in which the defendant in execution resides, under the terms of this section, the whole tract can be levied upon and sold as the defendant's property by the sheriff of that county, but not by the sheriff of the adjoining county. Fambrough v. Amis ex rel. Fambrough, 58 Ga. 519 (1877).

Rule when new county organized.

- When a new county is organized and an execution is issued by the tax collector of the original county, for state and county taxes due in that county by one residing in the new county, it may be levied by the sheriff of the original county on land of the defendant in fi. fa., situated in the new county, and sold by such sheriff at the courthouse of the original county. Stafford v. McDonald, 154 Ga. 637, 115 S.E. 72 (1922).

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