Construction of section.

- Former Civil Code 1910, § 5969 (see now O.C.G.A. §§ 9-12-4 and9-13-34) declare in express terms the same principles involved in former Civil Code 1910, §§ 4342 and 5670 (see now O.C.G.A. § 9-13-75). Odom v. Attaway, 173 Ga. 883, 162 S.E. 279 (1931).

This section is silent as to any requirement of notice to person liable, but provides simply that the transferee shall have the same rights and be liable to the same equities and subject to the same defenses as the original plaintiff in the judgment was. The equities protected, irrespective of notice, are equities between parties to the judgment and not those in favor of strangers to the judgment as to whose names and interest the record may be silent. Sheffield v. Preacher, 175 Ga. 719, 165 S.E. 742 (1932).

Under the terms of this section, judgment may be transferred or assigned any number of times, provided there was good faith, and in all cases when done in good faith the transferee shall have the same rights, be liable to the same equities, and subject to the same defenses as the original plaintiff in judgment was. Odom v. Attaway, 173 Ga. 883, 162 S.E. 279 (1931).

Claim of judgment assignee is subject to equities and defenses of judgment debtor at time of assignment, but is not subject to rights which did not then exist in favor of such judgment debtor and of which the judgment debtor did not become possessed until some time later as by the subsequent purchase of judgments against the judgment creditor. Accordingly, a judgment which is held by an assignee is not subject to a set-off in favor of judgments existing against the assignor, but not acquired by the judgment debtor until after the assignment of the former judgment. Sheffield v. Preacher, 175 Ga. 719, 165 S.E. 742 (1932).

Regardless of whether assignee took with knowledge thereof.

- Assignee of an execution takes the execution subject to any defense which the defendant might have set up against the original plaintiff, whether such assignee took with or without notice of the defense. Echols v. Tower Credit Corp., 223 Ga. 307, 154 S.E.2d 617 (1967).

If judgment and execution are void as to original judgment creditor, they are void even though transferred and assigned to another for valuable consideration, and may be so held in a proper proceeding. Winn v. Armour & Co., 184 Ga. 769, 193 S.E. 447 (1937).

Transferee of original defendant may seek amendment to judgment.

- When the rights of an executrix of her husband's estate, as bona fide transferee of a judgment, are derivative of one of the original party defendants, the judgment is subject to amendment as between the parties. Franklin v. Sea Island Bank, 120 Ga. App. 654, 171 S.E.2d 866 (1969).

Cited in Commercial Credit Co. v. Jones Motor Co., 46 Ga. App. 464, 167 S.E. 768 (1933); Wilson v. Fulton Metal Bed Mfg. Co., 88 Ga. App. 884, 78 S.E.2d 360 (1953); H-J Enters. v. Bennett, 118 Ga. App. 179, 162 S.E.2d 838 (1968).

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 8.

C.J.S.

- 33 C.J.S., Executions, §§ 132, 133.