Stage of maturity required for levy.

- As to crops, such as cotton, which do not mature on the stalk at one time, but whose maturity is extended throughout the latter portion of the growing season, the rational construction of this section would be that the crop is subject to levy whenever it has reached that stage of maturity when it is ready for harvesting to commence. Barnesville Bank v. Ingram, 34 Ga. App. 269, 129 S.E. 112 (1925).

Process is not deemed void merely because it cannot be immediately enforced by levy upon growing crops, but is to be construed as authorizing and directing the levying officer to execute it when, and not before, a legal levy can be made thereunder. Faircloth v. Webb, 125 Ga. 230, 53 S.E. 592 (1906); Hixon v. Callaway, 2 Ga. App. 678, 58 S.E. 1120 (1907), later appeal, 5 Ga. App. 415, 63 S.E. 518 (1909).

Fieri facias superior after maturity of crop to intervening lien.

- Lien of a judgment duly recorded on the general execution docket is, after the maturity of a growing crop of the defendant in fi. fa., superior to the title thereto obtained through a bill of sale to secure a debt, executed by the defendant in fi. fa. to a third person after the judgment is recorded, but before the crop is mature. Hixon v. Callaway, 2 Ga. 678, 58 S.E. 1120 (1907), later appeal, 5 Ga. App. 415, 63 S.E. 518 (1909).

Grounds for levying on immature crop must appear in levy.

- By this section, immature crops cannot be levied on separately from the land on which the crops are growing, except if the debtor absconds or removes from the county or state. Such grounds for levying on growing crops, if grounds exist, should appear in the process or the levy; otherwise, the levy will be void. Scott, Horton & Co. v. Russell, 72 Ga. 35 (1883).

Power of owner to sell.

- Although growing crops cannot be sold before maturity, growing crops may be sold by the owner before that time. Hamilton v. State, 94 Ga. 770, 21 S.E. 995 (1894).

Cited in Courson v. Land, 54 Ga. App. 534, 188 S.E. 360 (1936); Bivins v. State, 64 Ga. App. 689, 13 S.E.2d 874 (1941).

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 140.

C.J.S.

- 33 C.J.S., Executions, § 29 et seq.

ALR.

- Judicial or execution sale of realty as affecting debtor's share in crops grown by tenant or cropper, 13 A.L.R. 1425; 113 A.L.R. 1355.

Right in respect of crops grown during period of redemption after judicial or execution sale, 66 A.L.R. 1420.

Growing crops as subject to levy and seizure under attachment or execution, 103 A.L.R. 464.