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O.C.G.A. § 9-13-99 — Return of claim or illegality against execution from probate court | Georgia Code
O.C.G.A. § 9-13-99 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

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

ARTICLE 5 CLAIMS

9-13-99. Return of claim or illegality against execution from probate court.

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.

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

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.

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This Georgia Code resource is curated by a Florida and Georgia attorney, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.