No constable, except as provided by this Code, shall be authorized to levy on any real estate unless there is no personal property to be found sufficient to satisfy the debt or unless the real estate, being in the possession of the defendant, was pointed out by the defendant. In such event the constable is authorized to levy on such real estate, if in his county, and to deliver over the execution to the sheriff of the county a return of the property levied upon; and the sheriff shall proceed to advertise and sell the same as in case of levies made by himself.
History. Orig. Code 1863, § 3574; Code 1868, § 3597; Code 1873, § 3645; Code 1882, § 3645; Civil Code 1895, § 5429; Civil Code 1910, § 6034; Code 1933, § 39-121.
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
Article 3 - Property Against Which Execution Levied
§ 9-13-50. Designation by Defendant of Property to Be Levied On; When Sheriff Bound Thereby
§ 9-13-51. Sale of Property Subject to Lien; Order of Application to Payment
§ 9-13-52. When Sheriff May Levy on and Sell Land Outside County
§ 9-13-53. When Constable May Levy on Land; Sale by Sheriff
§ 9-13-54. When Growing Crop Levied on and Sold
§ 9-13-55. Seizure Prerequisite to Sale of Personalty