Before passing the decree authorizing the registration of land, the court shall be satisfied that the publication of notice and service of process required by this article have been made. After judgment, the entry of service by the sheriff or his deputy shall be conclusive evidence and shall not be subject to traverse nor shall any acknowledgment of service be subject to traverse. The recital of the service of process and of the giving and publishing of notices contained in the decree or final judgment in the case shall be conclusive evidence that such service, publication, and notice have been legally given; provided, however, that nothing in this Code section shall prevent any aggrieved person from having a right of action against any sheriff who shall make a false return of service, or against any clerk or examiner who shall falsely attest a waiver or acknowledgment of service, or against any clerk who shall fail to publish the notice or to mail the notice required by this article.
History. Ga. L. 1917, p. 108, § 13; Code 1933, § 60-213.
Structure Georgia Code
Chapter 2 - Recordation and Registration of Deeds and Other Instruments
Part 2 - Proceedings to Register
§ 44-2-60. Jurisdiction of Superior Court Over Matters in This Article
§ 44-2-61. Proceedings to Be in Rem; Operation of Decree
§ 44-2-62. Procedure as to Actions for Registration; Persons Under Disability
§ 44-2-63. Persons Claiming Less Than Fee; Establishing Title Without Registration
§ 44-2-64. Petition — Verification; Contents; Description of Land; Surveys; Amendments
§ 44-2-66. Petition — Persons Included as Defendants
§ 44-2-68. Appointment of Resident Agent for Service on Nonresident Petitioner
§ 44-2-69. Service Upon State, County, or Municipality
§ 44-2-70. Waiver or Acknowledgment of Service
§ 44-2-73. Effect of Notice; Appearances or Pleadings as Waiver of Service, Notice, and Defects
§ 44-2-74. Service on Other Persons Found by Examiner to Be Entitled to Notice
§ 44-2-75. Additional Notice; Judge’s Discretion
§ 44-2-76. Who May File Objections or Cross-Action to Petition
§ 44-2-78. Dismissal Without Prejudice