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O.C.G.A. § 9-8-6 — Lienholders made parties; divestment by receiver's sale | Georgia Code

O.C.G.A. § 9-8-6 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 8. Receivers, 9-8-1 through 9-8-14.

ARTICLE 4 QUO WARRANTO

9-8-6. Lienholders made parties; divestment by receiver's sale.

Persons holding liens on property in the hands of a receiver may be made parties to the case at any time. Unless otherwise provided in the order, liens upon the property held by any parties to the record, shall be dissolved by the receiver's sale and transferred to the funds arising from the sale of the property.

(Civil Code 1895, § 4911; Civil Code 1910, § 5486; Code 1933, § 55-312.)

History of section.

- The language of this Code section is derived in part from the decisions in Akerman v. Moon, 81 Ga. 688, 8 S.E. 321 (1888), Sullivan v. McDonald, 86 Ga. 78, 12 S.E. 215 (1890), and Trautwein v. McKinnon, 90 Ga. 301, 16 S.E. 85 (1892).

Law reviews.

- For article, "Buying Distressed Commercial Real Estate: What are the Alternatives?," see 16 (No. 4) Ga. St. B.J. 18 (2010).

JUDICIAL DECISIONS

Sale by receiver could not divest lien of judgment of person not a party. McLaughlin v. Taylor, 115 Ga. 671, 42 S.E. 30 (1902); Denny v. Broadway Nat'l Bank, 118 Ga. 221, 44 S.E. 982 (1903).

Cited in Armour Car Lines v. Summerour, 5 Ga. App. 619, 63 S.E. 667 (1909); Head v. Trustees of Jesse Parker Williams Hosp., 190 Ga. 360, 9 S.E.2d 171 (1940); Jones v. Staton, 78 Ga. App. 890, 52 S.E.2d 481 (1949); Masters v. Pardue, 91 Ga. App. 684, 86 S.E.2d 704 (1955).

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Receivers, §§ 343, 344, 394.

C.J.S.

- 75 C.J.S., Receivers, §§ 281 et seq., 308.

ALR.

- Power of court to authorize or direct receiver (or trustee in bankruptcy) to sell property free from liens, 35 A.L.R. 255; 78 A.L.R. 458; 120 A.L.R. 921.

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