Where property is sold under void process and the proceeds are applied to valid liens against the defendant or the defendant receives the benefit thereof, he shall be bound thereby if he is present and does not object to the sale.
History. Civil Code 1895, § 5472; Civil Code 1910, § 6077; Code 1933, § 39-1315.
History of Code section.
The language of this Code section is derived in part from the decisions in Tribble v. Anderson, 63 Ga. 31 (1878); Reichert v. Voss, 78 Ga. 54 , 2 S.E. 558 (1886) and O’Kelley v. Gholston, 89 Ga. 1 , 15 S.E. 123 (1892).
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
§ 9-13-160. Time of Conducting Public Sale
§ 9-13-162. Continuance of Sale From Day to Day
§ 9-13-163. Sale of Perishable Property — When and by Whom Ordered; Where Held
§ 9-13-164. Sale of Perishable Property — Advertisement; Notice; Disposition of Proceeds
§ 9-13-165. Sale of Perishable Property — Under Tax Executions
§ 9-13-168. Obligations of Purchaser
§ 9-13-169. Note or Memorandum Unnecessary
§ 9-13-170. Liability for Purchase Money; Officer’s Collection Options
§ 9-13-171. When Defendant Bound by Sale Under Void Process
§ 9-13-172. When Execution Sale Set Aside
§ 9-13-172.1. “Eligible Sale” Defined; Recision of Sale; Damages
§ 9-13-173. Effect of Judicial Sale on Title
§ 9-13-174. When Sheriff’s Successor Empowered to Make Titles
§ 9-13-175. Duty of Officer to Place Purchaser in Possession; Which Persons Officer May Dispossess
§ 9-13-176. How Possession Obtained After Expiration of Court Term or Replacement of Officer
§ 9-13-177. Right to Enforce Covenants
§ 9-13-178. When Title Deeds Prior to Purchase Must Be Proved