O.C.G.A.

O.C.G.A. § 9-13-99 (2019)

Return of claim or illegality against execution from probate court

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Whenever an execution issued from a probate court is levied upon personal property and a claim to the property or an affidavit of illegality is interposed, it shall be the duty of the sheriff or other levying officer to return the same, together with the execution and all the other papers, to the next term of the superior court of the county from which the execution was issued. If the levy has been made upon realty, the execution, with the claim or illegality papers, shall be returned by the levying officer to the next term of the superior court of the county where the land lies and the issue shall be tried as is provided for the trial of claim and illegality cases.

History

(Ga. L. 1876, p. 100, § 1; Code 1882, § 3742a; Civil Code 1895, § 4628; Civil Code 1910, § 5174; Code 1933, § 39-908.)

Annotations

Law reviews. - For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the

resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).

RESEARCH REFERENCES Am. Jur. 2d. - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 217 et seq.

C.J.S. - 33 C.J.S., Executions, § 288 et seq.