Whenever an involuntary transfer is sought to be registered under this article and the owner’s certificate is not produced so that it can be attached to the order directing a transfer, the court shall have the power to issue a subpoena for the production of documentary evidence or any other process designed to compel the production of the owner’s certificate, including attachment for contempt. If, after the process issues, the owner’s certificate is not produced or if it appears to the court that there is no practical means of compelling its production, the court may nevertheless grant the order of transfer but shall cause the clerk to enter a cancellation of the certificate of title on the title register and to give notice once a week for four weeks in the newspaper in which the sheriff’s sales of the county are advertised that such certificate has been canceled; the cost of making the advertisement shall be deposited with the clerk before the judge shall grant the order of transfer without the production of the certificate.
History. Ga. L. 1917, p. 108, § 52; Code 1933, § 60-410.
Structure Georgia Code
Chapter 2 - Recordation and Registration of Deeds and Other Instruments
Part 4 - Registers and Registration
§ 44-2-120. Furnishing and Maintaining Register Books; Issuance of Owner’s Certificate of Title
§ 44-2-121. Signing and Dating Register Entries and Owners’ Certificates
§ 44-2-124. Performance of Duties Upon Disqualification, Death, or Disability of Clerk
§ 44-2-126. Notation of Lien or Encumbrance on Certificate of Title — in General
§ 44-2-128. Registration of Transactions Affecting Unregistered Land as Notice
§ 44-2-129. Registration of Involuntary Transactions on Court’s Order; Form
§ 44-2-133. Procedure for Obtaining Duplicate of Lost Owner’s Certificate
§ 44-2-134. Filing Caveat Objecting to Entry in Title Register; Show Cause Hearing Upon Caveat
§ 44-2-135. Obtaining Notations in Title Register
§ 44-2-138. What Limitations Govern Actions by Injured Party for Fraud or Negligence
§ 44-2-140. Availability of Prescription or Adverse Possession Against Registered Land
§ 44-2-142. Notation of Change of Name on Register and Certificate
§ 44-2-143. Notation of Liens and Lis Pendens on Register; Effect Absent Notation