§ 9-13-52.When sheriff may levy on and sell land outside county
Chapter 13. Executions and Judicial Sales · Article 3. Property Against Which Execution Levied · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-13-52
Plain-English Summary
A sheriff's authority to sell land under execution stops at the county line. The general rule in this section is a prohibition: a sheriff or other levying officer may not sell land outside the county where he holds office, no matter how convenient it might be to combine a sale with property the defendant owns elsewhere.
The exception covers a specific and recurring problem — a single tract of land that straddles a county boundary, where that boundary happens to be the line of the defendant's own residence county. When that happens, the land may be sold in the county where the defendant lives, even though part of the tract physically sits across the line. The portion of that same tract lying in the other county gets its own rule: it may be levied on and sold in either county, giving the levying officer a choice rather than locking the sale to one location.
The statute does not extend this flexibility to land that happens to sit in a county other than where the sheriff serves, absent that residence-line connection. Outside the boundary-splitting scenario the section describes, the basic rule holds: a sheriff sells land in his own county, not someone else's.
Frequently Asked Questions
Can a Georgia sheriff sell a defendant's land in a county other than his own?
Generally no. O.C.G.A. § 9-13-52 bars a sheriff or other levying officer from selling land outside the county in which he serves, subject to the narrow exception for tracts divided by the defendant's residence county line.
What happens when a defendant's tract of land is split by the line of his residence county?
The land may be sold in the county of the defendant's residence, even though part of the tract lies across the county line.
What about the portion of that split tract lying in the other county?
It may be levied on and sold in either county — the levying officer is not limited to just one.
Does this exception apply to any land the defendant owns outside his home county?
No. The exception is tied specifically to a tract divided by the residence county's line, not to land generally located in a different county from the sheriff's own.
Why does Georgia limit a sheriff's authority to his own county?
A sheriff's office and authority to levy and sell property are tied to the county he serves, and this section keeps judicial sales within that geographic authority except where a boundary-splitting tract makes a strict county line impractical.
Amendment History
Laws 1808, Cobb’s 1851 Digest, p. 509; Laws 1847, Cobb’s 1851 Digest, p. 516; Code 1863, § 3573; Code 1868, § 3596; Code 1873, § 3644; Code 1882, § 3644; Civil Code 1895, § 5428; Civil Code 1910, § 6033; Code 1933, § 39-122.