Title 44, Chapter 2, Section 41
( 44-2-41)
As used in this article, the term: (1) "Clerk" means the clerk of the superior court of the county
where the land is located and includes his lawful deputies and any
person lawfully acting as clerk under the general laws or under
this article. (2) "Court" means the superior court of the county where the land
is located. (3) "Involuntary transaction" means all transmissions of
registered land or of any interest therein other than those
included in paragraph (6) of this Code section and all other
rights or claims, judicial proceedings, liens, charges, or
encumbrances not created directly by contract with the registered
owner but arising by operation of law or of equitable principles
or because of dower, the exercise of the right of eminent domain,
levies on delinquent taxes, or any other like matters affecting
registered land or any interest therein. (4) "Judge," "judge of the court," "judge of the superior court,"
"judge of the superior court of the county where the land is
located" or words of similar purport mean any judge presiding in
the superior court of the county where the land is located. While
it is intended that as a usual matter the judge of the superior
court of each circuit shall be the judge who shall act upon and
sit in the various matters arising in that circuit with which the
judges of such courts are charged under this article, as to such
matters any judge of the superior court shall have jurisdiction to
perform the functions of judge under this article. In the event
the judge of the superior court of the circuit in which the
transaction or matter arises is disqualified, absent from the
circuit, ill, dead, or from any other cause cannot act in the
matter, it shall be the duty of any other judge of the superior
court to whom the matter is presented to act in the matter to the
same extent as if the same arose in one of the counties of his own
circuit. In any matter arising under this article, upon the
request of the judge of the superior court of the circuit in which
it arose, any judge of the superior court may act upon it as if it
had arisen in his own circuit. (5) "Registered land" means any estate or interest in land which
shall have been registered under this article. (6) "Voluntary transaction" means all contractual and other
voluntary acts or dealings, except by will, by any registered
owner of any estate or interest in land, with reference to such
estate or interest and any right of homestead or exemption
therein. |