§ 23-3-92. Collateral Interpleader
If, in the progress of any proceeding in equity, the court perceives the necessity for parties to interplead, it may order such interpleader as collateral and ancillary to the main case. History. Orig. Code 1863, § 3157; Code 1868, § 3169; Code 1873, § 3236; Code 1882, § 3236; Civil Code 1895, § 4898; Civil […]
§ 23-3-61. Who May Bring Proceeding
Any person, which term shall include a corporation, partnership, or other association, who claims an estate of freehold present or future or any estate for years of which at least five years are unexpired, including persons holding lands under tax deeds, in any land in this state, whether in the actual and peaceable possession thereof […]
§ 23-3-110. Bill of Peace; When Entertained; Ancillary Injunction
It being the interest of this state that there shall be an end of litigation, equity will entertain a bill of peace: To confirm some right which has been previously satisfactorily established by more than one legal trial and is likely to be litigated again; To avoid a multiplicity of actions by establishing a right, […]
§ 23-3-62. Venue; Contents, Verification and Filing of Petition; Filing in Lis Pendens Docket
The proceeding in rem shall be instituted by filing a petition in the superior court of the county in which the land is situated. The petition shall be verified by the petitioner and shall contain a particular description of the land to be involved in the proceeding, a specification of the petitioner’s interest in the […]
§ 23-3-63. Submission to Special Master
The court, upon receipt of the petition together with the plat and instruments filed therewith, shall submit the same to a special master who shall be a person who is authorized to practice law in this state and is a resident of the judicial circuit wherein the action is brought. History. Ga. L. 1966, p. […]
§ 23-3-64. Other Required Evidence
The master shall examine the petition, plat, and all documents filed therewith and may require other evidence to be filed, including, but not limited to, an abstract of title. History. Ga. L. 1966, p. 443, § 4.
§ 23-3-65. Notice; Process; Service by Publication; Filing of Adverse Pleading; Appointment of Disinterested Representative
Upon the filing of all evidence with him, the master shall: Determine who is entitled to notice, including, but not limited to, all adjacent landowners and all adverse claimants as to whose adverse claims petitioner has actual or constructive notice; Cause process to issue, directed to all persons who are entitled to notice and to […]
§ 23-3-66. Jurisdiction of Special Master; Trial by Jury
Upon reasonable notice to the parties, after proof of serving notice as required by this article has been filed and after the appointment of the disinterested person as representative where required, the special master shall have complete jurisdiction within the scope of the pleadings to ascertain and determine the validity, nature, or extent of petitioner’s […]
§ 23-3-67. Decree; Effect of Recordation
Upon the receipt of the master’s report or upon a jury verdict, the court shall issue a decree which shall be recorded in the office of the clerk of the superior court of the county or counties wherein the land affected lies and which, when recorded, shall operate to bind the land affected according to […]
§ 23-3-68. Compensation of Master and Representative; Taxing as Part of Costs
The court shall fix a reasonable compensation, not less than $50.00, to be paid to the master appointed under this part and shall fix the compensation to be paid to any representative in the nature of a guardian ad litem appointed under this part. These fees are to be taxed in the discretion of the […]