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2018 Georgia Code 9-12-83 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

Section 12. Verdict and Judgment, 9-12-1 through 9-12-138.

ARTICLE 4 JUDGMENT LIENS

9-12-83. When money judgment creates lien on land located outside county in which obtained against third parties without notice.

No money judgment obtained in any court of this state or federal court in this state shall create any lien on land in any county other than that in which it was obtained as against the interests of third parties acting in good faith and without notice who have acquired a transfer or lien binding defendant's property unless at the time of the transfer or the acquisition of the lien the execution was recorded on the general execution docket in the county in which such land is located.

(Ga. L. 1914, p. 98, § 2; Code 1933, § 39-703.)

JUDICIAL DECISIONS

Relation to § 9-12-81. - Former Code 1933, § 39-701 (see now O.C.G.A. § 9-12-81), as qualified by former Code 1933, § 39-703 (see now O.C.G.A. § 9-12-83), contemplated judgments rendered in the county of the residence of the defendant, and the statute's terms were sufficiently broad to leave the lien of the judgment binding from the date of the judgment on all personal property of the defendant in every county of this state. Bradley v. Booth, 62 Ga. App. 770, 9 S.E.2d 861 (1940).

Relation to § 9-12-82. - Former Code 1933, §§ 39-702 and 110-512 (see now O.C.G.A. § 9-12-82) as qualified by former Code 1933, § 39-703 (see now O.C.G.A. § 9-12-83) referred to judgments obtained in counties of this state outside of the county of the defendant's residence, and provided for entry of an execution on the general execution docket of the county of the residence of the defendant within 30 days, which if done will cause the lien of the judgment to attach from its date to all personal property of the defendant located in any county in this state. Bradley v. Booth, 62 Ga. App. 770, 9 S.E.2d 861 (1940).

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