§ 9-13-169. Note or Memorandum Unnecessary
No note or memorandum in writing shall be necessary to charge any person at a judicial sale. History. Laws 1831, Cobb’s 1851 Digest, p. 514; Code 1863, § 2577; Code 1868, § 2579; Code 1873, § 2621; Code 1882, § 2621; Civil Code 1895, § 5448; Civil Code 1910, § 6053; Code 1933, § 39-1306.
§ 9-13-170. Liability for Purchase Money; Officer’s Collection Options
Any person who becomes the purchaser of any real or personal property at any sale made at public outcry by any executor, administrator, or guardian or by any sheriff or other officer under and by virtue of any execution or other legal process, who fails or refuses to comply with the terms of the sale […]
§ 9-13-171. When Defendant Bound by Sale Under Void Process
Where property is sold under void process and the proceeds are applied to valid liens against the defendant or the defendant receives the benefit thereof, he shall be bound thereby if he is present and does not object to the sale. History. Civil Code 1895, § 5472; Civil Code 1910, § 6077; Code 1933, § […]
§ 9-13-172. When Execution Sale Set Aside
Courts shall have full power over their officers making execution sales. Whenever the court is satisfied that a sale made under process is infected with fraud, irregularity, or error to the injury of either party, the court shall set aside the sale. History. Civil Code 1895, § 5427; Civil Code 1910, § 6032; Code 1933, […]
§ 9-13-172.1. “Eligible Sale” Defined; Recision of Sale; Damages
As used in this Code section, “eligible sale” means a judicial or nonjudicial sale that was conducted in the usual manner of a sheriff’s sale and that was rescinded by the seller within 30 days after the sale but before the deed or deed under power has been delivered to the purchaser. Upon rescission of […]
§ 9-13-173. Effect of Judicial Sale on Title
A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the sale were made by the person against whom the process was issued. History. Orig. Code 1863, § 2575; Code 1868, § 2577; Code 1873, § 2619; Code 1882, § 2619; […]
§ 9-13-174. When Sheriff’s Successor Empowered to Make Titles
If a sheriff fails to make titles to a purchaser, his successor in office may make them in the same manner as if he had sold the property. History. Laws 1799, Cobb’s 1851 Digest, p. 576; Code 1863, § 2583; Code 1868, § 2585; Code 1873, § 2627; Code 1882, § 2627; Civil Code 1895, […]
§ 9-13-175. Duty of Officer to Place Purchaser in Possession; Which Persons Officer May Dispossess
When any sheriff or other officer sells any real estate or present interest in land by virtue of and under any execution or otherwise, it shall be his duty, upon application, to place the purchaser or his agent or attorney in possession of the real estate. To this end, the officer may dispossess the defendant, […]
§ 9-13-176. How Possession Obtained After Expiration of Court Term or Replacement of Officer
If the purchaser of real estate at sheriff’s and other sales under execution fails to make application for possession thereof until the next term of the superior court after the sale has taken place or until the officer making the sale has gone out of office, the possession may be obtained only under an order […]
§ 9-13-177. Right to Enforce Covenants
The purchaser at a judicial sale may enforce any covenants of warranty running with the land which are incorporated in the previous title deeds. History. Orig. Code 1863, § 2578; Code 1868, § 2581; Code 1873, § 2623; Code 1882, § 2623; Civil Code 1895, § 5450; Civil Code 1910, § 6055; Code 1933, § […]