If the subscribing witness or witnesses are dead, are insane, have moved outside the state, or are otherwise incapacitated to make the affidavit provided for in Code Section 44-2-18, the affidavit of a third person testifying to the execution of the deed and to the genuineness of the handwriting of the subscribing witness or witnesses shall be sufficient to admit the deed to record.
History. Laws 1838, Cobb’s 1851 Digest, p. 176; Laws 1841, Cobb’s 1851 Digest, p. 178; Ga. L. 1858, p. 53, § 1; Code 1863, § 2670; Code 1868, § 2666; Code 1873, § 2708; Code 1882, § 2708; Civil Code 1895, § 3624; Civil Code 1910, § 4206; Code 1933, § 29-411.
Structure Georgia Code
Chapter 2 - Recordation and Registration of Deeds and Other Instruments
Part 1 - Recording of Deeds and Other Real Property Transactions
§ 44-2-3. Voluntary Deeds or Conveyances of Land; Effect of Recording
§ 44-2-5. Recording Execution and Deed After Sheriff’s Sale
§ 44-2-7. Recording of Surrender or Satisfaction of Bond for Title
§ 44-2-8. Recording of Options to Purchase Land and Assignments of Such Options; Effect as Notice
§ 44-2-9. Recording Leases, Usufructs, and Assignments Thereof; Effect as Notice
§ 44-2-10. Recording Deeds and Bills of Sale to Personalty; Effect as Notice
§ 44-2-12. Rerecording Lost or Destroyed Deeds and Other Instruments; Validity
§ 44-2-14. Requirements for Recordation
§ 44-2-15. Officers Authorized to Attest Registrable Instruments
§ 44-2-16. Effect of Acknowledgment Subsequent to Execution
§ 44-2-18. Recording Deed Upon Affidavit of Subscribing Witness; Effect of Substantial Compliance
§ 44-2-19. Recording Deed on Affidavit of Third Person
§ 44-2-22. Legal Effect of Good Record Title for 40 Years
§ 44-2-24. Withdrawal of Affidavit of Forgery Upon Loss of Deed by Affiant
§ 44-2-25. Recording Techniques; Copies of Plats
§ 44-2-26. Recording of Plat or Copy of Plat — When and Where Authorized; Duty of Clerk
§ 44-2-27. Recording of Plat — When Deemed Recorded
§ 44-2-28. Recording of Plat or Copy of Plat — Incorporation by Reference