2021 Georgia Code
Title 44 - Property
Chapter 13 - Exemptions From Levy and Sale
Article 2 - Statutory Exemptions
§ 44-13-102. Survey and Plat of Exempted Land; Return to Probate Court; Recordation

Upon an application by a debtor, it shall be the duty of the county surveyor or any other surveyor if there shall be no county surveyor to lay off the land allowed to the debtor's family under this article and make a plat of the same, which plat shall be returned to the judge of the probate court within 15 days after the application is made to the surveyor by the debtor, and recorded as provided for in Code Section 44-13-101.

(Laws 1841, Cobb's 1851 Digest, p. 389; Laws 1843, Cobb's 1851 Digest, p. 390; Code 1863, § 2015; Code 1868, § 2015; Code 1873, § 2042; Ga. L. 1878-79, p. 69, § 1; Code 1882, § 2042; Civil Code 1895, § 2868; Civil Code 1910, § 3418; Code 1933, § 51-1402; Ga. L. 1982, p. 3, § 44.)

- Authority of county surveyor to establish fee for making plat of homestead, affidavit, and return, § 36-7-9.

Appointment of person to perform duties of county surveyor when no such office exists in county, § 36-7-13.

JUDICIAL DECISIONS

Quantity of land.

- O.C.G.A. § 44-13-102 does not apply to a case where the quantity of land owned by the defendant is less than that exempted. Rogers v. Hawkins, 20 Ga. 200 (1856); Connally v. Hardwick, 61 Ga. 501 (1878); Pritchard v. Ward, 64 Ga. 446 (1879); Clark v. Kinney, 177 Ga. 864, 171 S.E. 763 (1933).

- Under O.C.G.A. § 44-13-102, when it is shown that the plats were made by another than the county surveyor, the law will presume there was no county surveyor. Dunagan v. Stadler, 101 Ga. 474, 29 S.E. 440 (1897).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Exemptions, § 79 et seq. 40 Am. Jur. 2d, Homesteads, § 140 et seq.