Georgia Code
Part 2 - Conduct and Effect
§ 9-13-172. When Execution Sale Set Aside

Courts shall have full power over their officers making execution sales. Whenever the court is satisfied that a sale made under process is infected with fraud, irregularity, or error to the injury of either party, the court shall set aside the sale.
History. Civil Code 1895, § 5427; Civil Code 1910, § 6032; Code 1933, § 39-1316.
History of Code section.
The language of this Code section is derived in part from the decision in Parker v. Glenn, 72 Ga. 637 (1884).
Law reviews.
For note discussing legal and equitable relief from execution available to debtors, see 12 Ga. L. Rev. 814 (1978).

Structure Georgia Code

Georgia Code

Title 9 - Civil Practice

Chapter 13 - Executions and Judicial Sales

Article 7 - Judicial Sales

Part 2 - Conduct and Effect

§ 9-13-160. Time of Conducting Public Sale

§ 9-13-161. Where and When Sales Under Execution Held; Change of Place of Public Sales by Court Order

§ 9-13-161.1. Holding of Sales of Personal Property at Place Other Than Courthouse; Advertisement of General Order as to Sale Location

§ 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

§ 9-13-166. Form of Tender

§ 9-13-167. Purchaser to Ascertain Title and Condition; Under What Conditions Officer Personally Liable

§ 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