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2018 Georgia Code 9-13-73 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 9-13-73 Case Law from Google Scholar Amendments to OCGA 9-13-73

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

9-13-73. Application of fund to younger lien with senior lienholder's consent.

If an execution creditor having the older lien on a fund in the hands of the sheriff or other officer allows the fund by his consent to be applied to a younger writ of execution, it shall be considered an extinguishment pro tanto of the creditor's lien insofar as third persons may be concerned.

(Orig. Code 1863, § 3586; Code 1868, § 3609; Code 1873, § 3659; Code 1882, § 3659; Civil Code 1895, § 5444; Civil Code 1910, § 6049; Code 1933, § 39-603.)

JUDICIAL DECISIONS

This section imposes duty on execution creditor to assert the creditor's lien, regardless of under which execution the money is raised. Rushin v. Shields & Ball, 11 Ga. 636 (1852).

This section applies when creditor purchases younger fi. fa., and accepts satisfaction thereof. Newton v. Nunnally, 4 Ga. 356 (1848).

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 516 et seq.

C.J.S.

- 33 C.J.S., Executions, § 232.

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