Sales under decrees in equity shall be subject to confirmation by the judge, who has a large discretion vested in him in reference thereto. Such sales shall not be consummated until confirmed by him.
(Civil Code 1895, § 4856; Civil Code 1910, § 5429; Code 1933, § 37-1206.)
Law reviews.- For survey article on business associations, see 34 Mercer L. Rev. 13 (1982). For article, "Buying Distressed Commercial Real Estate: What are the Alternatives?," see 16 (No. 4) Ga. St. B.J. 18 (2010).
JUDICIAL DECISIONSANALYSIS
Cited in Wingfield v. Bennett, 36 Ga. App. 27, 134 S.E. 840 (1926); Dockery v. Parks, 117 Ga. App. 589, 161 S.E.2d 406 (1968); Dockery v. Parks, 224 Ga. 369, 162 S.E.2d 332 (1968); Brannon v. Simpson, 244 Ga. 58, 257 S.E.2d 541 (1979); Leggett v. Ogden, 248 Ga. 403, 284 S.E.2d 1 (1981); Pack v. Mahan, 294 Ga. 496, 755 S.E.2d 126 (2014).
Confirmation Generally
Disappointed buyer at first, nonconfirmed sale had no standing to challenge second sale.
- In a judicial foreclosure sale held after a tax sale and redemption, the super lien holder's failure to give actual notice of the sale to the record owner and two lienholders justified the trial court's setting aside the sale under O.C.G.A. § 9-13-172; the disappointed buyer from that sale had no interest in the property and lacked standing to ask the court to confirm or set aside a second sale. Ga. Home Appraisers, Inc. v. Trintec Portfolio Servs., LLC, 349 Ga. App. 356, 825 S.E.2d 833 (2019).
Judgment rendered upon a jury verdict finding a sale valid is sufficient confirmation to meet the requirements. Palmour v. Roper, 119 Ga. 10, 45 S.E. 790 (1903).
Judicial Discretion
Judge vested with discretion as to confirmation of sales.
- The discretion of the judge is a sound legal discretion and he cannot arbitrarily withhold his confirmation of a sale made under decree of the court. Pledger v. Bank of Lyerly, 157 Ga. 229, 121 S.E. 228 (1924).
Abuse of discretion generally.
- A confirmation of a sale when there is a variance between the advertisement and the terms of the order of sale constitutes error. Slaughter v. Strother, 99 Ga. 633, 27 S.E. 764 (1896).
Where, in a suit to enjoin an exercise of a power of sale contained in a security deed, the sale was allowed to proceed subject to confirmation by the court, and on the question of confirmation, subsequently arising, the existence of the facts alleged as grounds of objection was the sole issue presented, and such issue was a matter of dispute under the evidence, the judge did not abuse his discretion in decreeing confirmation. Wilson v. Trustees of Union Theological Sem., 181 Ga. 755, 184 S.E. 290 (1936).
Pleading and Practice
After a judicial sale has been confirmed, the court has no discretion to rescind it except upon some special ground, such as fraud, accident, or mistake, which has worked an injustice, and which was unknown to the complaining party at the time of confirmation. Hurt Bldg., Inc. v. Atlanta Trust Co., 181 Ga. 274, 182 S.E. 187 (1935).
RESEARCH REFERENCES
ALR.
- Doctrine of equitable conversion as affected by discretion as to time, manner or other circumstances of sale, where the duty to sell is mandatory, 124 A.L.R. 1448.