When the finding upon the trial provided for in Code Section 44-13-61 is in favor of the plaintiff in execution, it shall be the duty of the levying officer to proceed immediately with the collection of the debt by the sale of the real property upon which the defendant in execution resides, if necessary. When the finding upon such issue is in favor of the defendant in execution, it shall operate to release that real property without prejudicing any other right of the plaintiff.
History. Ga. L. 1871-72, p. 43, § 4; Code 1873, § 2031; Code 1882, § 2031; Civil Code 1895, § 2853; Civil Code 1910, § 3403; Code 1933, § 51-905; Ga. L. 1982, p. 3, § 44; Ga. L. 1983, p. 1170, § 2.
Structure Georgia Code
Chapter 13 - Exemptions From Levy and Sale
Article 1 - Constitutional Exemptions
Part 3 - Levy on and Sale of Exempted Real Property
§ 44-13-61. When and How Issue Tried
§ 44-13-62. Findings Upon the Trial; Effect
§ 44-13-63. Levy or Sale of Exempted Real Property as Trespass; Persons Entitled to Recovery