If the plaintiff in execution, for a valuable consideration, releases property which is subject to execution, the release shall be a satisfaction of the execution to the extent of the value of the property so released insofar as purchasers and creditors are concerned. However, nothing in this Code section shall apply to any such release made by the transferee of any execution issued for taxes due the state or any county or municipality therein or of any execution issued by any municipality on account of assessments made against real estate for street or other improvements. In all such cases the execution shall be discharged or satisfied only to the extent of the amount of taxes or other assessments owing by the parcel released.
History. Orig. Code 1863, § 3585; Code 1868, § 3608; Code 1873, § 3658; Code 1882, § 3658; Civil Code 1895, § 5443; Civil Code 1910, § 6048; Ga. L. 1929, p. 172, § 1; Code 1933, § 39-602.
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
Article 4 - Satisfaction or Discharge of Judgment and Execution
§ 9-13-70. Suspension of Execution for 60 Days Pending Payment; Bond
§ 9-13-71. Sufficient Levy on Personalty Prima-Facie Satisfaction; Effect of Dismissal
§ 9-13-72. Release of Property Subject to Execution
§ 9-13-73. Application of Fund to Younger Lien With Senior Lienholder’s Consent
§ 9-13-74. Release by Agreement
§ 9-13-75. Setoff of Judgments; Collection of Balance
§ 9-13-76. Execution by Defendant After Setoff
§ 9-13-77. Control of Execution After Payment — by Security
§ 9-13-78. Control of Execution After Payment — by Joint Debtor
§ 9-13-79. Partial Payments to Be Entered
§ 9-13-80. Execution to Be Canceled When Satisfied; Private Right of Action; Damages