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2018 Georgia Code 9-13-72 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-72 Case Law from Google Scholar Amendments to OCGA 9-13-72

TITLE 9 CIVIL PRACTICE

Section 13. Executions and Judicial Sales, 9-13-1 through 9-13-178.

ARTICLE 4 SATISFACTION OR DISCHARGE OF JUDGMENT AND EXECUTION

9-13-72. Release of property subject to execution.

If the plaintiff in execution, for a valuable consideration, releases property which is subject to execution, the release shall be a satisfaction of the execution to the extent of the value of the property so released insofar as purchasers and creditors are concerned. However, nothing in this Code section shall apply to any such release made by the transferee of any execution issued for taxes due the state or any county or municipality therein or of any execution issued by any municipality on account of assessments made against real estate for street or other improvements. In all such cases the execution shall be discharged or satisfied only to the extent of the amount of taxes or other assessments owing by the parcel released.

(Orig. Code 1863, § 3585; Code 1868, § 3608; Code 1873, § 3658; Code 1882, § 3658; Civil Code 1895, § 5443; Civil Code 1910, § 6048; Ga. L. 1929, p. 172, § 1; Code 1933, § 39-602.)

JUDICIAL DECISIONS

This section does not apply when a secured creditor acted as an agent of the debtor by paying claims of third persons. Farmers & Merchants Bank v. Reeves, 20 Ga. App. 219, 92 S.E. 971 (1917).

Language, "a valuable consideration," in this section means a consideration founded on money, or something convertible to money, or having a value in money, except marriage, which is a valuable consideration, and such valuable consideration must flow to the plaintiff in execution. Saunders v. Citizens First Nat'l Bank, 165 Ga. 558, 142 S.E. 127 (1928); Bradley v. De Loach, 176 Ga. 142, 167 S.E. 301 (1932).

Principle embodied in this section is not applicable when the plaintiff in execution receives no benefit from a release, but a third person incidentally receives a benefit therefrom. Saunders v. Citizens First Nat'l Bank, 165 Ga. 558, 142 S.E. 127 (1928); Bradley v. De Loach, 176 Ga. 142, 167 S.E. 301 (1932).

Release of property given for valuable consideration inures to benefit of third persons. Foster v. Rutherford, 20 Ga. 676 (1856); Molyneaux v. Collier, 30 Ga. 731 (1860).

Rights of contesting creditors, not parties to compromise between the plaintiff and the defendant, are not affected. Chisolm v. S.B. Chittenden & Co., 45 Ga. 213 (1872).

Cited in Williams, Birnie & Co. v. Brown, 57 Ga. 304 (1876); Clark v. Monroe County Bank, 33 Ga. App. 81, 125 S.E. 603 (1924); Security Mtg. Co. v. Bailey, 167 Ga. 119, 144 S.E. 899 (1928); Bradley v. De Loach, 176 Ga. 142, 167 S.E. 301 (1932); Federal Land Bank v. Moultrie Banking Co., 178 Ga. 150, 172 S.E. 455 (1934); Boswell v. Federal Land Bank, 181 Ga. 258, 182 S.E. 1 (1935).

RESEARCH REFERENCES

C.J.S.

- 33 C.J.S., Executions, § 60.

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