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2018 Georgia Code 9-13-93 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-93 Case Law from Google Scholar Amendments to OCGA 9-13-93

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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