Official Code of Georgia Annotated
Title 44. PROPERTY · Chapter 2. RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS · Article 2. LAND REGISTRATION · Part 2. Proceedings to Register
44-2-71. Conclusive effect of evidence of service of process and notice; liability of officers for false returns or failure to publish or mail notice.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Before passing the decree authorizing the registration of land, the court shall be satisfied that the publication of notice and service of process required by this article have been made. After judgment, the entry of service by the sheriff or his deputy shall be conclusive evidence and shall not be subject to traverse nor shall any acknowledgment of service be subject to traverse. The recital of the service of process and of the giving and publishing of notices contained in the decree or final judgment in the case shall be conclusive evidence that such service, publication, and notice have been legally given; provided, however, that nothing in this Code section shall prevent any aggrieved person from having a right of action against any sheriff who shall make a false return of service, or against any clerk or examiner who shall falsely attest a waiver or acknowledgment of service, or against any clerk who shall fail to publish the notice or to mail the notice required by this article.
History
Ga. L. 1917, p. 108, § 13; Code 1933, § 60-213.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, page 101; merge action: carried; file SHA-256 490191d3dc54.