When Defendant Bound by Sale Under Void Process

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Executions and Judicial Sales
  5. Judicial Sales
  6. Conduct and Effect
  7. When Defendant Bound by Sale Under Void Process

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Where property is sold under void process and the proceeds are applied to valid liens against the defendant or the defendant receives the benefit thereof, he shall be bound thereby if he is present and does not object to the sale.

(Civil Code 1895, § 5472; Civil Code 1910, § 6077; Code 1933, § 39-1315.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Judicial Sales, § 227 et seq.

C.J.S.

- 50A C.J.S., Judicial Sales, § 128.

ALR.

- Estoppel of or waiver by parties or participants regarding irregularities or defects in execution or judicial sale, 2 A.L.R.2d 6.


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