In any extraordinary case not covered by Code Sections 44-6-160 through 44-6-169, the court may frame its proceeding and order so as to meet the exigency of the case without forcing the parties into equity; and the court may deny a sale or partition altogether if it is manifest that the interest of each party will not be fully protected.
History. Orig. Code 1863, § 3906; Code 1868, § 3930; Code 1873, § 4006; Code 1882, § 4006; Civil Code 1895, § 4796; Civil Code 1910, § 5368; Code 1933, § 85-1514.
Law reviews.
For annual survey on local government, see 73 Mercer L. Rev. 193 (2021).
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