Any such affidavits may be made by any person, whether connected with the chain of title or not.
History. Ga. L. 1955, p. 614, §§ 1-3; Ga. L. 1982, p. 3, § 44; Ga. L. 2011, p. 99, § 77/HB 24.
The 2011 amendment, effective January 1, 2013, substituted “Reserved” for the former provisions of subsection (b), which read: “(b) In any litigation over any of the lands referred to and described in any of the affidavits referred to in subsection (a) of this Code section in any court in this state or in any proceedings in any such court involving the title to such lands wherein the facts recited in such affidavits may be material, the affidavits or certified copies of the record thereof shall be admissible in evidence and there shall be a rebuttable presumption that the statements in said affidavits are true. The affidavits or certified copies thereof shall only be admissible as evidence in the event the parties making the affidavits are deceased; they are nonresidents of the state; their residences are unknown to the parties offering the affidavits; or they are too old, infirm, or sick to attend court.”; and, in subsection (c), substituted “subsection (a)” for “subsections (a) and (b)” in the first sentence and substituted “the clerk” for “he” near the end of the last sentence. See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
Law reviews.
For article, “Some Rescission Problems in Truth-In-Lending, as Viewed From Georgia,” see 7 Ga. St. B.J. 315 (1971).
For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).
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