How is the Writ of Partition Issued?
O.C.G.A. 44-6-163 Issuance of Writ of Partition; Appointment of Partitioners. When the application for partition is made and when due proof is made that the notice required by Code Section 44-6-162 has been given, the court shall examine the petitioner’s title and share of the premises to be partitioned and shall thereupon pass an order directing the clerk of the superior court to issue a writ of partition which shall be framed according to the nature of the case and directed to five freeholders of the county in which the lands are located who shall serve as partitioners; and the court shall execute and return the writ as provided in Code Section 44-6-164. JUDICIAL DECISIONS. Judge required to see that apparent interest in applicant exists. – This section does not require that the judge shall have a trial of the application at once upon its presentation, but that he should himself see that some apparent interest in the applicant exists. Cock v. Callaway, 141 Ga. 774, 82 S.E. 286 (1914)
