§ 9-13-97. Sale of Property on Claimants’ Application; Order; Advertisement; Disposition of Proceeds
In the event the claimant is unable, and the plaintiff neglects or refuses, to give bond for the forthcoming of the property, the claimant may apply to the judge of the probate court and procure an order for the sale of the same; and, when the order has been granted, it shall be the duty […]
§ 9-13-98. When and Where Claim, Levy, and Execution to Be Returned
When an execution issued from a court is levied upon personal property and claimed by a person not a party to the execution, it shall be the duty of the levying officer to return the same, together with the execution, to the next term of the court from which the execution issued. Where an execution […]
§ 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 […]
§ 9-13-100. Claim to Be Tried by Jury
The court to which a claim is returned shall cause the right of property to be decided by a jury at the first term thereof, unless continued in the same manner as other cases. History. Laws 1821, Cobb’s 1851 Digest, pp. 532, 533; Code 1863, § 3660; Code 1868, § 3684; Code 1873, § 3737; […]
§ 9-13-101. Additional Oath of Jurors; Damages and Costs When Claim Made for Delay
Every juror on the trial of the claim of property either real or personal shall be sworn, in addition to the oath usually administered, to give such damages as may seem reasonable and just, in an amount not less than 10 percent of the amount due upon the execution when the value of the property […]
§ 9-13-102. Burden of Proof
Upon the trial of all claims provided for in this article, the burden of proof shall lie upon the plaintiff in execution in all cases where the property levied on is not in possession of the defendant in execution at the time of the levy. History. Laws 1821, Cobb’s 1851 Digest, p. 533; Code 1863, […]
§ 9-13-103. Withdrawal or Discontinuance of Claim Limited
Whenever a claim of property is made in terms of this article and is returned to the proper court by the sheriff or other levying officer, the claimant shall not be permitted to withdraw or discontinue his claim more than once without the consent of the plaintiff in execution or some person duly authorized to […]
§ 9-13-104. Trial of Damage Issue Where Claim Dismissed or Withdrawn
Whenever a claim is dismissed for insufficiency or is withdrawn, the plaintiff in execution may have a case made up and submitted to the jury charging that the claim was filed for the purpose of delay. Upon proof of the same, defendant and claimant having the same power to resist the case as in claim […]
§ 9-13-105. How Damages Assessed
Upon the trial of claims to property which may be pending in the court, when damages are found by the jury, the damages shall be assessed upon the whole amount then due upon the execution when the value of the property in dispute exceeds the amount of the execution and upon the value of the […]
§ 9-13-56. Future Interests in Personalty
A future interest in personalty may not be seized and sold but the lien of judgments shall attach thereto so as to prevent alienation before the right to present possession accrues. History. Orig. Code 1863, § 2581; Code 1868, § 2583; Code 1873, § 2625; Code 1882, § 2625; Civil Code 1895, § 5452; Civil […]