Whenever any personal property which is of a perishable nature or liable to deteriorate from keeping or the keeping of which is attended by expense is levied on by virtue of any fi. fa., attachment, or other process, and the defendant fails to recover possession of the same and it remains in the hands of the levying officer, upon the facts being made plainly to appear to the judge of the court from which the process has issued or to the judge of the superior court of the county or to the judge of the probate court of the county in which the levy has been made during the absence of the judge of the superior court, it shall be the duty of the judge to order a sale of the property. The sale shall be at the usual place of holding sheriff ’s sales for the county where the property is located.
History. Ga. L. 1873, p. 48, § 1; Code 1873, § 3648; Ga. L. 1880-81, p. 60, § 1; Code 1882, § 3648; Civil Code 1895, § 5463; Civil Code 1910, § 6068; Code 1933, § 39-1203; Ga. L. 1983, p. 884, § 3-6.
Law reviews.
For note discussing procedures governing execution sales and the application of the proceeds of the sales, see 12 Ga. L. Rev. 814 (1978).
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
§ 9-13-160. Time of Conducting Public Sale
§ 9-13-162. Continuance of Sale From Day to Day
§ 9-13-163. Sale of Perishable Property — When and by Whom Ordered; Where Held
§ 9-13-164. Sale of Perishable Property — Advertisement; Notice; Disposition of Proceeds
§ 9-13-165. Sale of Perishable Property — Under Tax Executions
§ 9-13-168. Obligations of Purchaser
§ 9-13-169. Note or Memorandum Unnecessary
§ 9-13-170. Liability for Purchase Money; Officer’s Collection Options
§ 9-13-171. When Defendant Bound by Sale Under Void Process
§ 9-13-172. When Execution Sale Set Aside
§ 9-13-172.1. “Eligible Sale” Defined; Recision of Sale; Damages
§ 9-13-173. Effect of Judicial Sale on Title
§ 9-13-174. When Sheriff’s Successor Empowered to Make Titles
§ 9-13-175. Duty of Officer to Place Purchaser in Possession; Which Persons Officer May Dispossess
§ 9-13-176. How Possession Obtained After Expiration of Court Term or Replacement of Officer
§ 9-13-177. Right to Enforce Covenants
§ 9-13-178. When Title Deeds Prior to Purchase Must Be Proved