Georgia Code
Part 2 - Proceedings to Register
§ 44-2-71. Conclusive Effect of Evidence of Service of Process and Notice; Liability of Officers for False Returns or Failure to Publish or Mail Notice

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

Georgia Code

Title 44 - Property

Chapter 2 - Recordation and Registration of Deeds and Other Instruments

Article 2 - Land Registration

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

§ 44-2-65. Petition — Inclusion of Separate Parcels in One Proceeding; Individual Registration of Separate Parts of One Tract

§ 44-2-66. Petition — Persons Included as Defendants

§ 44-2-67. Issuance and Service of Process or Summons; Service by Publication; Notice to Nonresidents; Request for Petition; Guardians Ad Litem

§ 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

§ 44-2-71. Conclusive Effect of Evidence of Service of Process and Notice; Liability of Officers for False Returns or Failure to Publish or Mail Notice

§ 44-2-72. Posting Notice on Land and Buildings; Ascertainment of and Notice to Occupants; Return to Court; Seizure and Custody of the Land and Attachment of Jurisdiction

§ 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

§ 44-2-77. Survey of Land Upon Order of Judge or Examiner; Notice to Adjoining Landowners; Protest; Procedure for Trying Issue

§ 44-2-78. Dismissal Without Prejudice

§ 44-2-79. Amendment or Severance of Petitions or Other Pleadings; Power of Court or Examiner to Require Additional Facts

§ 44-2-80. Treatment of Land Pending Registration; Appearance of Person Acquiring Interest in Land Pending Registration

§ 44-2-81. No Default Judgment or Decree

§ 44-2-82. Entry of Judgment and Decree; Inclusion of Limitations and Encumbrances; Decree in Favor of Cross-Action; Separate Decree for Each Parcel

§ 44-2-83. Conclusiveness of Decree; Effect of Disability on Conclusiveness; Recourse of Persons Under a Disability Against Assurance Fund

§ 44-2-84. Review by Court of Appeals