§ 26-3-103. Corporate Property
An execution against a corporation may be levied on its choses in action, as well as on the goods and chattels, lands and tenements, of such corporation; and in case of a levy on choses in action, the court may appoint a receiver to collect or conserve the same. Code 1858, § 3037 (deriv. Acts […]
§ 26-3-104. Indemnity Bond of Plaintiff
No sheriff or other officer shall be required to levy an execution on any property the title of which is disputed, or to sell the same after levy, unless the plaintiff will first give bond and security to such officer, to indemnify the sheriff or other officer against all damages and costs in consequence of […]
§ 26-3-105. Principal’s Property Sold Before Surety’s
Where the judgment or decree is against a principal and the principal’s surety, it shall be the duty of the officer having the collection thereof to exhaust the property of the principal, both real and personal, before proceeding to sell the property of the surety. “Surety,” in this section, shall embrace accommodation endorsers, stayors, and […]
§ 26-3-106. Order of Levy on Parties Secondarily Liable
After exhausting the property of the principal, it shall be the duty of the officer to subject the property of the other parties in the order of their liability on the debt or contract. The party subsequently liable shall, if requested by the officers, show the property of the prior liable party to secure the […]
§ 26-3-107. Order of Liability Stated
All the parties shall be considered as equally liable, in all cases, unless the order of liability is shown to the court, and recited in the judgment or decree. The clerk issuing execution on the judgment or decree containing such recital shall state the order of liability in the execution. Code 1858, § 3031 (deriv. […]
§ 26-3-101. Personalty Levied on First
Executions shall be levied on the goods and chattels of the defendant, in the first instance, if any there be; but if, to the best of the officer’s knowledge, there be no such goods and chattels, or not sufficient to answer the plaintiff’s demands, the same shall be executed upon the lands and tenements. Code […]
§ 26-3-102. Growing Crops
A levy may be made upon a growing crop, but not until November 15 after such crop is matured, and then only subject to the landlord’s lien, if any. If, however, the owner of the crop absconds, conceals their whereabouts, or leaves the country, an attachment or execution may be levied on a standing crop […]