§ 9-13-53. When Constable May Levy on Land; Sale by Sheriff
No constable, except as provided by this Code, shall be authorized to levy on any real estate unless there is no personal property to be found sufficient to satisfy the debt or unless the real estate, being in the possession of the defendant, was pointed out by the defendant. In such event the constable is […]
§ 9-13-12. Entry of Levy on Process
The officer making a levy shall enter the same on the process by virtue of which levy is made and in the entry shall plainly describe the property levied on and the amount of the interest of defendant therein. History. Orig. Code 1863, § 3569; Code 1868, § 3592; Code 1873, § 3640; Code 1882, […]
§ 9-13-54. When Growing Crop Levied on and Sold
No sheriff or other officer shall levy on any growing crop of corn, wheat, oats, rye, rice, cotton, potatoes, or any other crop usually raised or cultivated by planters or farmers nor sell the same until the crop has matured and is fit to be gathered. However, this Code section shall not prevent any levying […]
§ 9-13-13. Written Notice of Levy on Land
In all cases of levying on land, written notice of the levy must be given personally or delivered by certified mail or statutory overnight delivery to the tenant in possession and to the defendant if not in possession. The officer levying on land under an execution, within five days thereafter, shall leave a written notice […]
§ 9-13-14. Bonds Taken by Executing Officers Valid; Rights of Plaintiffs Not Affected
All bonds taken by sheriffs or other executing officers from defendants in execution for the delivery of property, on the day of sale or any other time, which they may have levied on by virtue of any fi. fa. or other legal process from any court shall be good and valid in law and recoverable […]
§ 9-13-15. Measure of Damages on Forthcoming Bond
Whenever personal property is levied upon under any judicial process from the courts of this state and a forthcoming bond is given for the same, the measure of damages to be recovered upon the bond shall be the value of the property at the time of its delivery under the bond, with interest thereon; and, […]
§ 9-13-16. Penalty for Fraudulent Levy
Any person who fraudulently causes any process, attachment, distress, or execution to be levied on any estrayed animal, lot of land, or other property, knowing that the same is not subject to the process or writ, shall, for the first offense, be guilty of a misdemeanor. For any subsequent conviction, the person shall be sentenced […]
§ 9-13-30. Execution Against Sureties and Endorsers
When, in a judgment against sureties or endorsers on a draft, promissory note, or other instrument in writing, the plaintiff or his attorney has designated and identified the relation of the parties under the contract on which the judgment was rendered, execution shall issue accordingly. History. Laws 1845, Cobb’s 1851 Digest, p. 598; Laws 1850, […]
§ 9-13-31. Execution Against Principal and His Surety on Appeal
In all cases of appeal where security has been given and judgment has been entered against the principal and surety, jointly and severally, execution shall issue accordingly and shall proceed against either or both at the option of the plaintiff until his debt is satisfied. History. Orig. Code 1863, § 3490; Code 1868, § 3513; […]
§ 9-13-3. Execution to Follow Judgment
Every execution shall follow the judgment upon which it issued and shall describe the parties thereto as described in the judgment. History. Orig. Code 1863, § 3558; Code 1868, § 3581; Code 1873, § 3636; Code 1882, § 3636; Civil Code 1895, § 5417; Civil Code 1910, § 6022; Code 1933, § 39-104. Law reviews. […]