Issuance of Writ; Procedure When Showing Insufficient

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The court before which the petition is pending shall issue a writ for immediate possession upon finding that the petitioner has complied with Code Sections 44-14-261 through 44-14-263. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may nevertheless treat the petition as one being filed under Code Section 44-14-231 and may proceed accordingly.

(Code 1933, § 67-712, enacted by Ga. L. 1975, p. 1213, § 3.)

RESEARCH REFERENCES

ALR.

- 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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