When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued. Where an execution is levied upon real property and the same is claimed in the manner aforesaid, it shall be the duty of the officer making the levy to return the same, together with the execution and claim, to the next term of the superior court of the county in which the land so levied upon lies.
History. Laws 1821, Cobb’s 1851 Digest, p. 532; Code 1863, § 3658; Code 1868, § 3683; Code 1873, § 3736; Code 1882, § 3736; Civil Code 1895, § 4621; Civil Code 1910, § 5167; Code 1933, § 39-901.
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
§ 9-13-90. Claims Authorized; to Be on Oath
§ 9-13-91. Bond and Security for Damages; How Damages Determined
§ 9-13-92. Affidavit of Indigence
§ 9-13-93. Postponement of Sale
§ 9-13-95. Execution of Affidavit and Bond by Partner or Joint Owner
§ 9-13-96. When Plaintiff in Execution May Give Forthcoming Bond
§ 9-13-97. Sale of Property on Claimants’ Application; Order; Advertisement; Disposition of Proceeds
§ 9-13-98. When and Where Claim, Levy, and Execution to Be Returned
§ 9-13-99. Return of Claim or Illegality Against Execution From Probate Court
§ 9-13-100. Claim to Be Tried by Jury
§ 9-13-101. Additional Oath of Jurors; Damages and Costs When Claim Made for Delay
§ 9-13-103. Withdrawal or Discontinuance of Claim Limited
§ 9-13-104. Trial of Damage Issue Where Claim Dismissed or Withdrawn
§ 9-13-105. How Damages Assessed
§ 9-13-106. Withdrawal of Original Execution and Filing of Copy