O.C.G.A. § 9-12-87 (2019)

Annotations

Law reviews. - For note discussing procedures required to effect a levy of execution, see 12 Ga. L. Rev. 814 (1978). JUDICIAL DECISIONS Effect of O.C.G.A. § 9-12-86 is not to repeal O.C.G.A. § 9-12-87 or O.C.G.A. § 9-12-80. While it is true that § 9-12-86 as amended provides that all laws or parts of laws in conflict are repealed, there is no conflict which requires a repeal. National Bank v. Morris-Weathers Co., 248 Ga. 798, 286 S.E.2d 17 (1982). Verdict is the response of the jury to the charge and to the issue formed upon it. Lawson v. State, 52 Ga. App. 181, 182 S.E. 820 (1935). In every verdict there must be a reference to the indictment and the issue to make it have any meaning. Lawson v. State, 52 Ga. App. 181, 182 S.E. 820 (1935). All judgments entered on verdicts rendered at the same term of court were deemed of equal date and, as between liens of judgments rendered at different terms upon property of the defendant, the senior judgment had priority, though the execution issued upon the younger judgment may have been duly entered on the general execution docket as provided for in former Code 1933, § 39-701 (see now O.C.G.A. § 9-12-81) and no execution had been issued upon the older judgment. Eads v. Southern Sur. Co., 178 Ga. 348, 173 S.E. 163 (1934); Fas-Pac, Inc. v. Fillingame, 123 Ga. App. 203, 180 S.E.2d 243 (1971); Wellington v. Lenkerd Co., 157 Ga. App. 755, 278 S.E.2d 458 (1981). Application of federal and state law in determining priority of liens. - In determining the priority of liens, the fed-

eral bankruptcy court applied federal law to determine that the Internal Revenue Service claim had priority over two liens not determined or recorded prior to the recordation of the notice of the IRS tax lien with the result that these creditors received none of the funds to which the IRS was entitled; then the court applied state law by creating a fund equal to the amount of the claim of two other creditors which were superior to the IRS tax lien and distributed the fund pro rata among the four creditors since the four judgments were rendered during the same term of court and were thus of equal date and priority. Ragsdale v. Blaw Knox Corp. (In re Hydro-Chem Processing, Inc.), 190 Bankr. 129 (Bankr. N.D. Ga. 1995). Priority of judicial lien in bankruptcy. - Creditor’s preexisting judicial lien on bankrupt debtor’s personal property had priority over the debtor’s hypothetical lien because the creditor’s lien attached when the lien was registered in federal court in the state, which was well before the debtor’s hypothetical lien was created as of the date of the bankruptcy petition. Natl Serv. Direct, Inc. v. Anderson (In re Nat’l Serv. Direct, Inc.), No. 03-76883, 2005 Bankr. LEXIS 298 (Bankr. N.D. Ga. Jan. 28, 2005). Cited in Kirsch v. Witt, 37 Ga. App. 402, 140 S.E. 511 (1927); Herndon v. Braddy, 39 Ga. App. 165, 146 S.E. 495 (1929); Lawson v. State, 52 Ga. App. 181, 182 S.E. 820 (1935); White v. Georgia Farm Bureau Mut. Ins. Co., 234 Ga. 186, 215 S.E.2d 240 (1975).

RESEARCH REFERENCES C.J.S. - 49 C.J.S., Judgments, § 797 et seq. ALR. - Priority of judgment over conveyance made after beginning of term but prior to rendition of judgment, 5 ALR 1072. Priority as between judgments of differ-

ent dates as regards lien on subsequently acquired property, 67 ALR 1301. Validity, construction, and application of statute or ordinance requiring that judgments against municipality be paid in order of their entry or in other particular sequence, 138 ALR 1303.