A legatee or owner of a distributive share in an estate may set off such share against a judgment against him unless special reason exists requiring the collection of the judgment.
History. Civil Code 1895, § 3752; Civil Code 1910, § 4346; Code 1933, § 20-1307.
History of Code section.
This Code section is derived from the decision in Dorsey v. Simmons, 49 Ga. 245 (1873).
Structure Georgia Code
Chapter 7 - Setoff and Recoupment
§ 13-7-1. Nature of Setoff Generally
§ 13-7-2. Nature of Recoupment Generally
§ 13-7-3. Setoff and Recoupment Distinguished
§ 13-7-4. Limitations as to Claims or Demands for Setoff Generally
§ 13-7-5. Setoff of Demands Between Parties to Suits
§ 13-7-6. Setoff of Claims or Demands Against Beneficiaries of Suits
§ 13-7-8. Allowance of Setoff of Debt of Testator or Intestate Against Representative of Estate
§ 13-7-10. Allowance of Setoff of Value of Improvements Against Claim for Mesne Profits
§ 13-7-11. Allowance of Setoff of Debt Not Due Against Claim of Nonresident or Insolvent Plaintiff
§ 13-7-12. Grounds for Allowance of Recoupment Generally
§ 13-7-14. Effect of Conflict Between This Chapter and Chapter 11 of Title 9