Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 13. EXECUTIONS AND JUDICIAL SALES · Article 5. CLAIMS

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

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

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).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from T09 Ch12-16 (V7A) 2015.pdf, Volume V7A, 2015 edition, page 243; merge action: carried; file SHA-256 c88496cf9e57.