When sale of lands ordered; procedure; place of sale; notice

In the event lands and tenements sought to be partitioned are not sold pursuant to Code Section 44-6-166.1, the court shall order a public sale of such lands and tenements. The court shall appoint three discreet persons as commissioners to conduct such sale under such regulations and upon such just and equitable terms as it may prescribe. The sale shall take place on the first Tuesday in the month, shall be at the place of public sales in the county in which the land is located, and shall be advertised in some public newspaper once a week for four weeks. This Code section shall not be construed to change the place of sale in those counties where by law sheriffs’ sales are required to take place at the courthouse. (Laws 1837, Cobb’s 1851 Digest, p. 584; Code 1863, § 3903; Code 1868, § 3927; Code 1873, § 4003; Code 1882, § 4003; Ga. L. 1887, p. 29, § 1; Civil Code 1895, § 4793; Ga. L. 1903, p. 40, § 1; Civil Code 1910, § 5365; Code 1933, § 85-1511; Ga. L. 1983, p. 1182, § 2.) Editor’s notes. — Provisions which, prior to the 1983 amendment of this section, appeared in the first sentence of this Code section now appear in § 44-6-166.1. Applicable case notes have been transferred to § 44-6-166.1.