reglab/housing_qa huggingface dataset:
GA Code § 44-13-60 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 13 - Exemptions From Levy and Sale|Article 1 - Constitutional Exemptions|Part 3 - Levy on and Sale of Exempted Real Property|§ 44-13-60. Affidavit Disputing Exemption of Exempted Real Property From Execution; Levy and Sale by Officer; Effect of Debtor's Counteraffidavit

  When an exemption under this article of realty and personalty or either has been applied for and set apart out of the property of a defendant in execution and the defendant in execution has no property except the real property on which the defendant resides on which to levy, if the plaintiff in execution seeks to have that real property levied on upon the ground that his debt falls within some or one of the classes for which the real property is bound under this article, such plaintiff, his agent, or his attorney may make an affidavit before any officer authorized to administer oaths that to the best of his knowledge and belief the debt upon which the execution is founded is one from which that real property is not exempt. Thereafter, it shall be the duty of the officer into whose hands the execution and the affidavit are placed to proceed at once to levy and sell as though the property had never been set apart.   The defendant in execution may deny the truth of the plaintiff's affidavit by filing a counteraffidavit with the levying officer. If a counteraffidavit is filed, it shall be the duty of the levying officer to suspend further proceedings under the execution and to return the same together with the two affidavits to the court from which the execution issued.    (Ga. L. 1871-72, p. 43, §§ 1, 2; Code 1873, §§ 2028, 2029; Code 1882, §§ 2028, 2029; Civil Code 1895, §§ 2850, 2851; Civil Code 1910, §§ 3400, 3401; Code 1933, §§ 51-902, 51-903; Ga. L. 1983, p. 1170, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Exemptions, §§ 136, 142. 40 Am. Jur. 2d, Homesteads, §§ 83, 90.   C.J.S.   - 40 C.J.S., Homesteads, § 135.   ALR.    - Lien of tax collector's bond, 54 A.L.R. 1285.
GA Code § 44-13-61 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 13 - Exemptions From Levy and Sale|Article 1 - Constitutional Exemptions|Part 3 - Levy on and Sale of Exempted Real Property|§ 44-13-61. When and How Issue Tried

 At the first term of the court to which the execution and the affidavits have been returned, an issue shall be formed upon the same and tried as in cases of illegality.   (Ga. L. 1871-72, p. 43, § 3; Code 1873, § 2030; Code 1882, § 2030; Civil Code 1895, § 2852; Civil Code 1910, § 3402; Code 1933, § 51-904; Ga. L. 1983, p. 1170, § 2.)
GA Code § 44-13-62 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 13 - Exemptions From Levy and Sale|Article 1 - Constitutional Exemptions|Part 3 - Levy on and Sale of Exempted Real Property|§ 44-13-62. Findings Upon the Trial; Effect

 When the finding upon the trial provided for in Code Section 44-13-61 is in favor of the plaintiff in execution, it shall be the duty of the levying officer to proceed immediately with the collection of the debt by the sale of the real property upon which the defendant in execution resides, if necessary. When the finding upon such issue is in favor of the defendant in execution, it shall operate to release that real property without prejudicing any other right of the plaintiff.   (Ga. L. 1871-72, p. 43, § 4; Code 1873, § 2031; Code 1882, § 2031; Civil Code 1895, § 2853; Civil Code 1910, § 3403; Code 1933, § 51-905; Ga. L. 1982, p. 3, § 44; Ga. L. 1983, p. 1170, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Exemptions, § 142.
GA Code § 44-13-80 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 13 - Exemptions From Levy and Sale|Article 1 - Constitutional Exemptions|Part 4 - Sale of Excess Property by Receiver|§ 44-13-80. Appointment of Receiver to Sell Excess Realty

 Whenever any person makes an application for an exemption of realty under this article and it appears by the return of the surveyor that the applicant is the owner of more real estate than is allowed to be exempt under this article, it shall be the duty of the judge of the probate court to appoint a receiver to take charge of the excess and to sell the same for the benefit of the creditors of the applicant under regulations set forth in this part.   (Ga. L. 1872, p. 44, § 1; Code 1873, § 2033; Code 1882, § 2033; Civil Code 1895, § 2855; Civil Code 1910, § 3405; Code 1933, § 51-1001; Ga. L. 1983, p. 1170, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Exemptions, § 37. 40 Am. Jur. 2d, Homesteads, §§ 85, 86.   C.J.S.   - 40 C.J.S., Homesteads, §§ 148, 153.   ALR.   - Lien of judgment on excess value of homestead, 41 A.L.R.4th 292.
GA Code § 44-13-81 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 13 - Exemptions From Levy and Sale|Article 1 - Constitutional Exemptions|Part 4 - Sale of Excess Property by Receiver|§ 44-13-81. Delivery of Excess Personalty to Receiver for Disposition

 Whenever any person makes an application for an exemption of personalty as provided for by this article and the schedule filed by the person discloses that the person has and is the owner of personal property in excess of that to which he is entitled to have as exempt, the excess shall be delivered by the judge of the probate court to a receiver who shall dispose of the excess for the benefit of the creditors of the applicant.   (Ga. L. 1872, p. 43, § 2; Code 1873, § 2034; Code 1882, § 2034; Civil Code 1895, § 2856; Civil Code 1910, § 3406; Code 1933, § 51-1002; Ga. L. 1983, p. 1170, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 40 Am. Jur. 2d, Homesteads, § 87.   ALR.   - Lien of judgment on excess value of homestead, 41 A.L.R.4th 292.
GA Code § 44-13-82 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 13 - Exemptions From Levy and Sale|Article 1 - Constitutional Exemptions|Part 4 - Sale of Excess Property by Receiver|§ 44-13-82. Sale of Realty and Distribution of Proceeds; Priorities

 When a receiver is appointed as provided in Code Section 44-13-80, he shall proceed to advertise the real estate once a week for four weeks in the public newspaper in which the sheriff's sales of the county are advertised. On the first Tuesday of the month immediately following the last advertisement, the receiver shall expose the same for sale at public auction and the money arising from the sale of the property shall be delivered to the judge of the probate court for distribution among the several creditors of the applicant, such distribution to be made according to the dignity of the claims of the several creditors.   (Ga. L. 1872, p. 44, § 3; Code 1873, § 2035; Code 1882, § 2035; Civil Code 1895, § 2857; Civil Code 1910, § 3407; Code 1933, § 51-1003; Ga. L. 1983, p. 1170, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 40 Am. Jur. 2d, Homesteads, §§ 84, 89, 90.   C.J.S.   - 40 C.J.S., Homesteads, § 68.   ALR.    - Discretion of court or receiver as to whether receiver's sale shall be made for cash or on credit, 100 A.L.R. 937.   Lien of judgment on excess value of homestead, 41 A.L.R.4th 292.
GA Code § 44-13-83 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 13 - Exemptions From Levy and Sale|Article 1 - Constitutional Exemptions|Part 4 - Sale of Excess Property by Receiver|§ 44-13-83. Procedure for Sale of Personalty

 Personal property shall be disposed of in the manner provided in Code Section 44-13-82, except that the receiver shall advertise the same in three of the most public places of the county for 30 days and shall not be required to advertise the same in a public newspaper.   (Ga. L. 1872, p. 43, § 4; Code 1873, § 2036; Code 1882, § 2036; Civil Code 1895, § 2858; Civil Code 1910, § 3408; Code 1933, § 51-1004; Ga. L. 1983, p. 1170, § 2.)
GA Code § 44-13-84 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 13 - Exemptions From Levy and Sale|Article 1 - Constitutional Exemptions|Part 4 - Sale of Excess Property by Receiver|§ 44-13-84. Only One Receiver Authorized

 Nothing in this part shall be construed to authorize the appointment of more than one receiver.   (Ga. L. 1872, p. 43, § 5; Code 1873, § 2037; Code 1882, § 2037; Civil Code 1895, § 2859; Civil Code 1910, § 3409; Code 1933, § 51-1005; Ga. L. 1983, p. 1170, § 2.)
GA Code § 44-13-85 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 13 - Exemptions From Levy and Sale|Article 1 - Constitutional Exemptions|Part 4 - Sale of Excess Property by Receiver|§ 44-13-85. Cancellation of Sale Upon Failure of Any Creditor to Appear and File Claim

 If no creditors appear and file their claims before the day set apart for the sale of the property, the sale shall not take place; and the property in excess shall be turned over to the applicant.   (Ga. L. 1872, p. 43, § 6; Code 1873, § 2038; Code 1882, § 2038; Civil Code 1895, § 2860; Civil Code 1910, § 3410; Code 1933, § 51-1006; Ga. L. 1983, p. 1170, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 40 Am. Jur. 2d, Homesteads, § 82.
GA Code § 44-13-86 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 13 - Exemptions From Levy and Sale|Article 1 - Constitutional Exemptions|Part 4 - Sale of Excess Property by Receiver|§ 44-13-86. Bond Required of Receiver; Power of Superior Court Over Receiver; Settling of Conflicts; Disposition of Excess

 When a receiver is appointed under Code Section 44-13-80, good bond and security shall be required of him by the judge of the probate court for the performance of his duty. The receiver shall be subject to rule in the superior court of the county where he was appointed, as sheriffs are, and shall, under rule of the superior court and not under the order of the judge of the probate court, pay out moneys received by him as sheriffs do when there are conflicting claims to moneys in his hands. When there are no conflicting claims, the receiver shall settle all the claims and turn over any excess to the party legally entitled to the same.   (Ga. L. 1876, p. 48, § 9; Code 1882, § 2038a; Civil Code 1895, § 2861; Civil Code 1910, § 3411; Code 1933, § 51-1007; Ga. L. 1983, p. 1170, § 2.)
GA Code § 44-13-87 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 13 - Exemptions From Levy and Sale|Article 1 - Constitutional Exemptions|Part 4 - Sale of Excess Property by Receiver|§ 44-13-87. Right of Applicant to Select Exempt Property

 The applicant for exemption from levy and sale of property under this article shall be permitted to select the property to be exempted but not to exceed the amount allowed by law.   (Ga. L. 1872, p. 43, § 7; Code 1873, § 2039; Code 1882, § 2039; Civil Code 1895, § 2862; Civil Code 1910, § 3412; Code 1933, § 51-1008; Ga. L. 1983, p. 1170, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Exemptions, §§ 135, 137 et seq. 40 Am. Jur. 2d, Homesteads, § 77 et seq.
GA Code § 44-14-61 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 3 - Conveyances to Secure Debt and Bills of Sale|Part 1 - In General|§ 44-14-61. Signing of Deeds to Secure Debt and Bills of Sale - Generally

 In order to admit deeds to secure debt or bills of sale to secure debt to record, they shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness.   (Ga. L. 1884-85, p. 124, § 2; Civil Code 1895, § 2773; Civil Code 1910, § 3308; Ga. L. 1931, p. 153, § 1; Code 1933, § 67-1302; Ga. L. 2015, p. 937, § 6/HB 322.)    The 2015 amendment,  effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "In order to admit deeds to secure debt or bills of sale to record, they shall be attested or proved in the manner prescribed by law for mortgages.".   RESEARCH REFERENCES   Am. Jur. 2d.   - 55 Am. Jur. 2d, Mortgages, §§ 89, 90.   C.J.S.   - 59 C.J.S., Mortgages, §§ 110, 111.   ALR.    - Imputation to attesting witness of notice of contents of instrument, 4 A.L.R. 716.    Effect of purported subscribing witness's denial or forgetfulness of signature by mark, 17 A.L.R. 1267.   Sufficiency of certificate of acknowledgment, 25 A.L.R.2d 1124.
GA Code § 44-14-62 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 3 - Conveyances to Secure Debt and Bills of Sale|Part 1 - In General|§ 44-14-62. Signing of Deeds to Secure Debt and Bills of Sale - Out-of-State Deeds to Secure Debt and Bills of Sale

 When executed outside this state, deeds to secure debt and bills of sale to secure debt shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness.   (Ga. L. 1931, p. 153, § 1; Code 1933, § 67-1303; Ga. L. 2015, p. 937, § 7/HB 322.)    The 2015 amendment,  effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "When executed out of state, deeds to secure debt and bills of sale may be attested, acknowledged, or probated in the same manner as deeds of bargain and sale.".   RESEARCH REFERENCES   Am. Jur. 2d.   - 55 Am. Jur. 2d, Mortgages, §§ 89, 90.   C.J.S.   - 59 C.J.S., Mortgages, §§ 110, 111.   ALR.    - Effect of purported subscribing witness's denial or forgetfulness of signature by mark, 17 A.L.R. 1267.
GA Code § 44-14-63 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 3 - Conveyances to Secure Debt and Bills of Sale|Part 1 - In General|§ 44-14-63. Recording of Deeds to Secure Debt and Bills of Sale to Secure Debt; Effect of Failure to Record

  Every deed to secure debt shall be recorded in the county where the land conveyed is located. Every bill of sale to secure debt shall be recorded in the county where the maker, if a resident of this state, resided at the time of its execution and, if a nonresident, in the county where the personalty conveyed is located. Deeds to secure debt or bills of sale to secure debt not recorded shall remain valid against the persons executing them.   A deed to secure debt shall not be recorded unless it includes the mailing address of the grantee thereof. Failure to comply with this provision shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt.    (Ga. L. 1884-85, p. 124, § 1; Civil Code 1895, § 2772; Civil Code 1910, § 3307; Ga. L. 1931, p. 153, § 1; Code 1933, § 67-1305; Ga. L. 1989, p. 859, § 1; Ga. L. 2015, p. 937, § 8/HB 322.)    The 2015 amendment,  effective July 1, 2015, in subsection (a), inserted "to secure debt" twice in the last sentence and deleted the former last sentence, which read: "The effect of the failure to record deeds and bills of sale shall be the same as the effect of the failure to record a deed of bargain and sale.".   Cross references.   - Intangible recording tax, § 48-6-60 et seq.   Law reviews.   - For comment on Manchester Motors, Inc. v. Farmers & Merchants Bank, 91 Ga. App. 811, 87 S.E.2d 342 (1955), see 18 Ga. B.J. 82 (1955).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Recording   Effect of Failure to Record    RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, §§ 59, 153 et seq.   C.J.S.   - 26A C.J.S., Deeds, § 155 et seq. 59 C.J.S., Mortgages, § 192 et seq.   ALR.   - Reinstatement and restoration of mortgages released or discharged without authorization, as against subsequent purchasers, lienholders, judgment creditors, and the like, without notice, 35 A.L.R.2d 948.
GA Code § 44-14-65 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 3 - Conveyances to Secure Debt and Bills of Sale|Part 1 - In General|§ 44-14-65. Fees for Transfer of Real Property Covered by Deed to Secure Debt

 Reserved. Repealed by Ga. L. 1984, p. 132, § 1, effective February 3, 1984.   Editor's notes.   - This Code section was based on Code 1933, § 67-1301.1, enacted by Ga. L. 1975, p. 370, § 2.   Ga. L. 2015, p. 5, § 7/HB 90, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, reserved the designation of this Code section.
GA Code § 44-14-66 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 3 - Conveyances to Secure Debt and Bills of Sale|Part 1 - In General|§ 44-14-66. Effect of Liens Against Grantee on Grantor's Right to Reconvey; Effect of Reconveyance in Event of Grantor's Prior Death

 The grantor's right to a reconveyance of the property upon complying with the contract shall not be affected by any liens, encumbrances, or rights which would otherwise attach to the property by virtue of the title being in the grantee; but the right of the grantor to a reconveyance shall be absolute and permanent upon his complying with his contract with the grantee according to the terms. In the event of the prior death of the grantor, such a reconveyance shall be valid and effective to vest title in the heirs, personal representatives, or successors in title of the deceased grantor as their interests may appear.   (Ga. L. 1871-72, p. 44, § 2; Code 1873, § 1971; Code 1882, § 1971; Civil Code 1895, § 2775; Civil Code 1910, § 3310; Code 1933, § 67-1307; Ga. L. 1970, p. 176, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Ownership for annexation purposes.    - The intent of the General Assembly in referring to "the record title holder of the fee simple title" in former O.C.G.A. § 36-36-22(d) was to give the grantor of a security deed the right to decide upon the question of annexation; thus, in determining ownership of land for the purpose of determining the eligibility of a landowner to sign an application for annexation to a municipality, it should be done without regard to whether such land is encumbered by an outstanding deed to secure debt. 1967 Op. Att'y Gen. No. 67-16.   RESEARCH REFERENCES   Am. Jur. 2d.   - 55 Am. Jur. 2d, Mortgages, §§ 362, 363.   C.J.S.   - 59 C.J.S., Mortgages, § 478.
GA Code § 44-14-81 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 3 - Conveyances to Secure Debt and Bills of Sale|Part 2 - Reversion|§ 44-14-81. When Power of Sale Barred

 Powers of sale in the conveyances of real property to secure debt shall not be exercised after an action to foreclose the instrument is barred. A sale or conveyance under power in such instrument after an action to foreclose the instrument is barred shall be absolutely void and not merely voidable.   (Ga. L. 1941, p. 487, § 3.)   Cross references.   - Equitable principles pertaining to powers of sale, § 23-2-114 et seq.   JUDICIAL DECISIONS    Cited in McKenney v. Woodbury Banking Co., 208 Ga. 616, 68 S.E.2d 571 (1952); Williams v. O'Connor, 208 Ga. 801, 69 S.E.2d 726 (1952).
GA Code § 44-14-82 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 3 - Conveyances to Secure Debt and Bills of Sale|Part 2 - Reversion|§ 44-14-82. When Action to Recover Barred

 No action shall be brought to recover property under a conveyance of real property to secure debt when an action to foreclose and the exercise of power of sale are barred.   (Ga. L. 1941, p. 487, § 4.)   Cross references.   - Equitable principles pertaining to powers of sale, § 23-2-114 et seq.   JUDICIAL DECISIONS    Cited in McKenney v. Woodbury Banking Co., 208 Ga. 616, 68 S.E.2d 571 (1952); Williams v. O'Connor, 208 Ga. 801, 69 S.E.2d 726 (1952).
GA Code § 44-14-83 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 3 - Conveyances to Secure Debt and Bills of Sale|Part 2 - Reversion|§ 44-14-83. Actions to Foreclose and Exercise of Powers of Sale After Reversion

 No action to foreclose and no action to recover property under a conveyance of real property to secure debt shall be commenced and no power contained in or conferred by a conveyance of real property to secure debt shall be exercised after the title thereby conveyed has reverted as provided in this part.   (Ga. L. 1941, p. 487, § 6.)
GA Code § 44-14-84 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 3 - Conveyances to Secure Debt and Bills of Sale|Part 2 - Reversion|§ 44-14-84. Effect of Grantor Relinquishing Possession in Settlement of Debt

 This part shall not apply in those cases where the grantor or his successors in possession have surrendered possession of the property described in the deed to secure debt to the grantee or his successors in title in settlement of the indebtedness.   (Ga. L. 1941, p. 487, § 8.)
GA Code § 44-14-162.3 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 1 - In General|§ 44-14-162.3. Sales Made on Foreclosure Under Power of Sale - Waiver or Release of Notice Requirement

 No waiver or release of the notice requirement of Code Section 44-14-162.2 shall be valid when made in or contemporaneously with the security instrument containing the power of nonjudicial foreclosure sale; but, notwithstanding the requirements of Code Sections 44-14-162.1, 44-14-162.2, this Code section, and Code Section 44-14-162.4, a subsequent quitclaim deed in lieu of foreclosure shall be valid and effective as such.   (Ga. L. 1981, p. 834, § 2; Ga. L. 2002, p. 415, § 44; Ga. L. 2009, p. 614, § 2/SB 141; Ga. L. 2012, p. 1079, § 1/SB 333.)    The 2002 amendment,  effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, substituted ", 44-14-162.2, this Code section, and Code Section" for "through" in subsection (c).    The 2009 amendment,  effective July 1, 2009, deleted former subsection (b) which read: "The notice requirement of Code Section 44-14-162.2 shall apply to all nonjudicial foreclosure sales under a mortgage, security deed, or other lien contract taking place after July 1, 1981, this Code section being procedural and remedial in purpose."; and redesignated former subsection (c) as present subsection (b).    The 2012 amendment,  effective July 1, 2012, deleted former subsection (a), which read: "The notice requirement of Code Section 44-14-162.2 shall apply only to the exercise of a power of sale of property all or part of which is to be used as a dwelling place by the debtor at the time the mortgage, security deed, or lien contract is entered into."; and deleted the subsection (b) designation. See Editor's notes for applicability.   Editor's notes.   - Ga. L. 2012, p. 1079, § 3/SB 333, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2012, and shall apply to sales made on foreclosure under power of sale executed on or after July 1, 2012."   Law reviews.   - For annual survey on real property law, see 61 Mercer L. Rev. 301 (2009). For article, "Georgia Foreclosure Confirmation Proceedings in Today's Recessionary Real Estate World: Back to the Future," see 16 (No. 4) Ga. St. B.J. 11 (2010). For annual survey on real property, see 64 Mercer L. Rev. 255 (2012).   JUDICIAL DECISIONS   Foreclosure of unimproved lots.    - The notice requirements of O.C.G.A. § 44-14-162.2 were not applicable to the foreclosure of unimproved lots. Stepp v. Farm & Home Life Ins. Co., 222 Ga. App. 257, 474 S.E.2d 108 (1996).    Cited in Funderburke v. Kellet, 257 Ga. 822, 364 S.E.2d 845 (1988); RBC Real Estate Fin., Inc. v. Winmark Homes, Inc., 318 Ga. App. 507, 736 S.E.2d 117 (2012).