§ 9-13-128. Damages for Delay; Procedure Following Dismissal or Withdrawal of Illegality
Upon the trial of an issue formed on an affidavit of illegality, the jury trying the case shall have power to assess such damages as may seem reasonable and just, not exceeding 25 percent of the principal debt, where it is made to appear that the illegality was interposed for delay only. Whenever an illegality […]
§ 9-13-167. Purchaser to Ascertain Title and Condition; Under What Conditions Officer Personally Liable
The purchaser shall look for himself as to the title and soundness of all property sold under judicial process. Actual fraud or misrepresentation by the officer or his agent may bind the officer personally. No covenant of warranty shall bind him individually unless made with that intention and for a valuable consideration. History. Ga. L. […]
§ 9-13-129. Property Subject to Other Executions; Retention of Sale Proceeds to Satisfy First Execution; Release of Bond Pro Tanto
When an execution has been levied on property and an affidavit of illegality has been filed to stay proceedings thereon, the property so levied on shall be subject to levy and sale under other executions. The officer making the first levy shall claim, receive, hold, and retain the amount of the proceeds of the sale […]
§ 9-13-168. Obligations of Purchaser
The purchaser at a judicial sale shall not be bound to look to the appropriation of the proceeds of the sale nor to the returns made by the officer, nor shall he be required to see that the officer has complied fully with all regulations prescribed in such cases. All such irregularities shall create questions […]
§ 9-13-140. How Judicial Sales Advertised; Description of Property; Advertisement and Sale of Livestock
The sheriff, coroner, or other officer shall publish weekly for four weeks in the legal organ for the county, or if there is no newspaper designated as such, then in the nearest newspaper having the largest general circulation in such county, notice of all sales of land and other property executed by the officer. In […]
§ 9-13-141. Timing of Advertisements
In all cases where the law requires citations, notices, or advertisements by probate court judges, clerks, sheriffs, county bailiffs, administrators, executors, guardians, trustees, or others to be published in a newspaper for 30 days or for four weeks or once a week for four weeks, it shall be sufficient and legal to publish the same […]
§ 9-13-142. Requirements for Official Organ of Publication; Designation Where No Journal or Newspaper Qualifies; How Official Organ Changed; Notice to Secretary of State
No journal or newspaper published in this state shall be declared, made, or maintained as the official organ of any county for the publication of sheriff’s sales, citations of probate court judges, or any other advertising commonly known in terms of “official or legal advertising” and required by law to be published in such county […]
§ 9-13-143. Rates for Legal Advertisements
The rates to be allowed to publishers for publishing legal advertisements shall be as follows: For each 100 words, not more than the sum of $10.00 for each insertion for the first four insertions; and For each subsequent insertion, not more than the sum of $9.00 per 100 words. In all cases fractional parts shall […]
§ 9-13-144. Alternate Advertising When Rates Not Agreed On
If the judge of the probate court, the sheriff, or other officer is unable to procure advertisements at the rate prescribed in Code Section 9-13-143 in a newspaper published at the county site of the county, he may have the advertisements published in any newspaper in this state having the largest general circulation in the […]
§ 9-13-145. Advertising Costs Paid in Advance; Exception When Affidavit of Indigence Filed
No sheriff or deputy sheriff shall be required to advertise the property of any defendant in execution for sale until the cost of the advertisement shall have been first paid by the plaintiff in execution, his agent, or his attorney, provided that when any such party plaintiff, or his agent or attorney for him, shall […]