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O.C.G.A. § 9-13-93 — Postponement of sale | Georgia Code

O.C.G.A. § 9-13-93 (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 5 CLAIMS

9-13-93. Postponement of sale.

When affidavit and bond have been made and delivered as required in Code Sections 9-13-90 and 9-13-91, it shall be the duty of the sheriff or other levying officer to postpone the sale of the property until otherwise ordered.

(Laws 1821, Cobb's 1851 Digest, p. 532; Code 1863, § 3652; Code 1868, § 3677; Code 1873, § 3727; Code 1882, § 3727; Civil Code 1895, § 4613; Civil Code 1910, § 5159; Code 1933, § 39-803.)

JUDICIAL DECISIONS

Sheriff will be enjoined from turning land over to buyer when the sheriff refused to postpone sale. This is especially true when the sheriff announced at the sale that the sheriff refused to accept the claim. Cook v. Dixon, 154 Ga. 373, 114 S.E. 429 (1922).

Pendency of claim deeds do not make it illegal for other judgment creditors to sell land at a sheriffs sale. Walker v. Zorn, 50 Ga. 370 (1873).

Cited in Perkerson v. Overby, 59 Ga. 414 (1877).

RESEARCH REFERENCES

C.J.S.

- 33 C.J.S., Executions, § 360.

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