§ 9-13-178.When title deeds prior to purchase must be proved
Chapter 13. Executions and Judicial Sales · Article 7. Judicial Sales · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-13-178
Plain-English Summary
Proving a full chain of title back through a defendant’s own predecessors can be a heavy burden, and a judicial-sale purchaser usually only needs to show that the interest the defendant held passed properly to the purchaser — not police the defendant’s own paper trail before that. This section states that relief directly: in any controversy in a Georgia court, the purchaser is not required to show title deeds prior to the purchase.
That relief has one exception built in. It disappears when it becomes necessary to the purchaser’s own case to show good title in the person whose interest the purchaser bought. If the purchaser’s claim in the controversy turns on establishing that the defendant held good title to what was sold, the purchaser bears the same burden anyone else asserting good title would carry.
Read together with Code Section 9-13-177, this section shows how limited a judicial-sale purchaser’s proof burden ordinarily is: the purchaser inherits the benefit of earlier warranty covenants without first having to prove up the whole chain of title behind them, except in the narrow situation where the purchaser’s own case requires it.
Frequently Asked Questions
Must a judicial-sale purchaser prove the full chain of title before the sale in every lawsuit?
No. Ordinarily the purchaser is not required to show title deeds prior to the purchase.
When does that general rule not apply?
When it is necessary to the purchaser’s own case to show good title in the person whose interest the purchaser bought.
Why would a judicial-sale purchaser ever need to prove the defendant’s earlier title?
If the purchaser’s claim in a controversy depends on establishing that the defendant held good title to what was sold.
Does this section apply in every Georgia court, or just where the sale occurred?
The statute refers broadly to “all controversies in the courts of this state.”
Does this section relieve the purchaser of proving anything about the sale itself?
No. It addresses only title deeds predating the purchase, not the purchaser’s proof of the judicial sale that conveyed the interest purchased.
Amendment History
Orig. Code 1863, § 2576; Code 1868, § 2578; Code 1873, § 2620; Code 1882, § 2620; Civil Code 1895, § 5447; Civil Code 1910, § 6052; Code 1933, § 39-1305.