One Click Case Law for § 23-2-114
O.C.G.A. § 23-2-113 <-- --> O.C.G.A. §23-2-115

2010 Georgia Code

TITLE 23 - EQUITY

CHAPTER 2 - GROUNDS FOR EQUITABLE RELIEF
ARTICLE 6 - EXERCISE OF POWERS OF APPOINTMENT AND SALE
§ 23-2-114 - Powers of sale -- To be construed strictly; manner of sale; who may exercise

O.C.G.A. 23-2-114 (2010)
23-2-114. Powers of sale -- To be construed strictly; manner of sale; who may exercise


Powers of sale in deeds of trust, mortgages, and other instruments shall be strictly construed and shall be fairly exercised. In the absence of stipulations to the contrary in the instrument, the time, place, and manner of sale shall be that pointed out for public sales. Unless the instrument creating the power specifically provides to the contrary, a personal representative, heir, heirs, legatee, devisee, or successor of the grantee in a mortgage, deed of trust, deed to secure debt, bill of sale to secure debt, or other like instrument, or an assignee thereof, or his personal representative, heir, heirs, legatee, devisee, or successor may exercise any power therein contained; and such powers may so be exercised regardless of whether or not the transfer specifically includes the powers or conveys title to the property described. A power of sale not revocable by death of the grantor or donor may be exercised after his death in the same manner and to the same extent as though the grantor or donor were in life; and it shall not be necessary in the exercise of the power to advertise or sell as the property of the estate of the deceased nor to make any mention of or reference to the death.