Grounds for Immediate Writ of Possession

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The petitioner seeking an immediate writ of possession shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, waste, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition or that the petitioner's postjudgment remedy would otherwise be inadequate.

(Code 1933, § 67-710, enacted by Ga. L. 1975, p. 1213, § 3.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 69 Am. Jur. 2d, Secured Transactions, § 121.

C.J.S.

- 14 C.J.S., Chattel Mortgages, § 241.

ALR.

- Chattel mortgagee's failure to pursue proper course after taking possession as affecting personal liability of mortgagor, 47 A.L.R. 582.

Right of mortgagee lawfully in possession, or one entitled to his rights, to retain possession until debt is paid, although debt or right to foreclose is barred by limitation, 115 A.L.R. 339.


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