Time of Conducting Public Sale

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  1. For the purposes of this Code section, the term "public sale" means any sale, the notice of which must by law in any manner be given to the public.
  2. All public sales conducted within this state shall be between the hours of 10:00 A.M. and 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the date fixed for the sale.

(Ga. L. 1963, p. 366, § 1; Ga. L. 1979, p. 833, § 1.)

Law reviews.

- For article surveying recent legislative and judicial developments in Georgia's real property laws, see 31 Mercer L. Rev. 187 (1979).

JUDICIAL DECISIONS

Failure to comply not reversible error.

- Trial court properly denied first tenant in common's protest on the ground that public sale of the first tenant in common and second tenant in common's sign, ordered by the trial court, took place one hour before the time allowed for in the statute as the commissioners conducted the sale at the time provided for in the trial court's order that was produced, proffered, and procured by the first tenant in common and the first tenant in common could not complain about a ruling which the first tenant in common caused. Caudell v. Toccoa Inn, Inc., 261 Ga. App. 209, 582 S.E.2d 180 (2003).

Sale at courthouse.

- Trial court did not err in denying first tenant in common's protest of public sale of sign owned by the first tenant in common and the second tenant in common as the statutory requirement was fulfilled when the sale took place at the county building where the courts were located even though the building was referred to as the "County Government Building," since that building was the only place where the superior court convened; the statute did not require the sale take place at a building which carried the name "courthouse." Caudell v. Toccoa Inn, Inc., 261 Ga. App. 209, 582 S.E.2d 180 (2003).

Cited in Oglethorpe Co. v. United States, 558 F.2d 590 (Ct. Cl. 1977); Butler v. Forsyth County Bank, 153 Ga. App. 122, 264 S.E.2d 502 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Judicial Sales, § 39.

C.J.S.

- 50A C.J.S. Judicial Sales, § 14 et seq.


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