After the sale of any lands and tenements provided for in Code Section 44-6-167, the commissioners conducting the sale shall return their proceeds to the same term of the court ordering such sale if such term is still being held, and, if not, to the next term thereof, at which term the court shall order the proceeds of the sale to be divided among the several claimants in proportion to their respective interests after deducting the expenses of the proceedings. The commissioners shall be liable to rule by the superior court as sheriffs are liable for all moneys which they have or may receive for the lands sold by them and which they are required by law to return to the court for distribution; and, in case they shall fail to pay the money into court in obedience to a rule against them, they shall be immediately attached as for a contempt and imprisoned without bail until such payment is made.
(Laws 1837, Cobb's 1851 Digest, p. 584; Code 1863, § 3904; Code 1868, § 3928; Code 1873, § 4004; Code 1882, § 4004; Ga. L. 1884-85, p. 54, § 1; Civil Code 1895, § 4794; Civil Code 1910, § 5366; Code 1933, § 85-1512.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 59A Am. Jur. 2d, Partition, §§ 118 et seq., 148, 149, 173.
C.J.S.- 68 C.J.S., Partition, §§ 277 et seq., 293, 303.
ALR.
- Allowance and apportionment of counsel fees in suit for partition, 73 A.L.R. 16; 94 A.L.R.2d 575.