The decree on a proceeding for equitable partition shall pass the title without the execution of any conveyances by the parties.
(Orig. Code 1863, § 3116; Code 1868, § 3128; Code 1873, § 3184; Code 1882, § 3184; Civil Code 1895, § 4784; Civil Code 1910, § 5356; Code 1933, § 85-1503.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 59A Am. Jur. 2d, Partition, § 115.
C.J.S.- 68 C.J.S., Partition, § 131.
Subpart 2 Statutory Partition
44-6-160. Grounds for partition; jurisdiction; contents of petition.
When two or more persons are common owners of lands and tenements, whether by descent, purchase, or otherwise, and no provision is made, by will or otherwise, as to how such lands and tenements shall be divided, any one of such common owners may apply by petition to the superior court of the county in which such lands and tenements are located for a writ of partition which shall set forth plainly and distinctly the facts and circumstances of the case, shall describe the premises to be partitioned, and shall define the share and interest of each of the parties therein. When the lands in question constitute a single tract situated in more than one county, the application may be made to the superior court of any of such counties.
(Laws 1767, Cobb's 1851 Digest, p. 581; Code 1863, § 3896; Code 1868, § 3920; Code 1873, § 3996; Code 1882, § 3996; Civil Code 1895, § 4786; Ga. L. 1900, p. 56, § 1; Civil Code 1910, § 5358; Ga. L. 1920, p. 85, § 1; Code 1933, § 85-1504.)