§ 9-13-174.When sheriff’s successor empowered to make titles
Chapter 13. Executions and Judicial Sales · Article 7. Judicial Sales · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-13-174
Plain-English Summary
Sheriffs leave office — by election, resignation, or otherwise — sometimes before finishing the paperwork on a sale they conducted. Without a section like this one, a purchaser could be left holding a completed, paid-for sale with no deed, and no one left in office with authority to sign one.
This section closes that gap by letting the successor sheriff step into the departed sheriff’s shoes for this limited purpose, executing the title in the same manner as if the successor had made the sale personally. The statute does not require any particular reason for the original sheriff’s failure to make titles — any such failure triggers the successor’s authority to act. That authority connects to Code Section 9-13-173’s rule on what a resulting judicial-sale title accomplishes, and to Code Section 9-13-176’s separate rule on what happens when a purchaser waits too long to seek possession, including past a change in officers.
Frequently Asked Questions
What happens if a sheriff leaves office before delivering a deed to a sale purchaser?
The sheriff’s successor in office may make the title instead.
Does the successor sheriff need special authorization to execute the deed?
No. This section itself gives the successor that authority, acting in the same manner as if the successor had made the sale.
Does this section apply only to sheriffs, or to other selling officers as well?
The text specifically addresses a sheriff’s successor in office.
Why would a sheriff fail to make titles after a sale?
The statute does not require a specific reason — any failure by the sheriff to complete that step triggers the successor’s authority to act.
Does the successor’s deed carry the same effect as one from the original sheriff?
Yes. The statute frames the successor as acting in the same manner as if the successor had sold the property.
Amendment History
Laws 1799, Cobb’s 1851 Digest, p. 576.; Code 1863, § 2583; Code 1868, § 2585; Code 1873, § 2627; Code 1882, § 2627; Civil Code 1895, § 5453; Civil Code 1910, § 6058; Code 1933, § 39-1304.