After the sale of any lands and tenements provided for in Code Section 44-6-167, the commissioners conducting the sale shall return their proceeds to the same term of the court ordering such sale if such term is still being held, and, if not, to the next term thereof, at which term the court shall order the proceeds of the sale to be divided among the several claimants in proportion to their respective interests after deducting the expenses of the proceedings. The commissioners shall be liable to rule by the superior court as sheriffs are liable for all moneys which they have or may receive for the lands sold by them and which they are required by law to return to the court for distribution; and, in case they shall fail to pay the money into court in obedience to a rule against them, they shall be immediately attached as for a contempt and imprisoned without bail until such payment is made.
History. Laws 1837, Cobb’s 1851 Digest, p. 584; Code 1863, § 3904; Code 1868, § 3928; Code 1873, § 4004; Code 1882, § 4004; Ga. L. 1884-85, p. 54, § 1; Civil Code 1895, § 4794; Civil Code 1910, § 5366; Code 1933, § 85-1512.
Structure Georgia Code
Subpart 2 - Statutory Partition
§ 44-6-160. Grounds for Partition; Jurisdiction; Contents of Petition
§ 44-6-161. Who May Apply for Partition
§ 44-6-162. Notice of Intention to Apply for Writ of Partition
§ 44-6-163. Issuance of Writ of Partition; Appointment of Partitioners
§ 44-6-165. Objections and Defenses to Right of Applicant, Writ, or Return; Jury Trial
§ 44-6-166.1. Partition When Physical Division of Property Is Inequitable
§ 44-6-167. When Sale of Lands Ordered; Procedure; Place of Sale; Notice
§ 44-6-169. Title to Property Sold; Execution of Deed of Conveyance by Commissioners
§ 44-6-170. Treatment of Extraordinary Cases; Denial of Sale or Partition
§ 44-6-172. Partition of Realty by Life Tenants — Effect on Other Parties; Conditions
§ 44-6-174. Partition of Realty by Life Tenants — Cumulative Effect