When any judgment has been or shall be rendered in any court of this state upon any note or other evidence of debt given for the purchase money of personal property and where the title for the property has been retained in the vendor, it shall be lawful for the holder of the note or other evidence of debt in which title is retained to make, file, and have recorded in the office of the clerk of the superior court where the defendant resides a bill of sale to the defendant for the personal property or, if he is dead, to his executor or administrator or, if there is no executor or administrator, to the heirs of the deceased; and, if the holder of the note or other evidence of debt in which title is retained is dead, his executor or administrator may in like manner make and file such bill of sale without obtaining an order of the court for that purpose. Upon the filing of the bill of sale, the personal property may be levied on and sold under such judgment as in other cases; provided, however, that the judgment shall take and be a lien upon the personal property and the proceeds of the sale thereof, prior to all other judgments, claims, liens, and other encumbrances, until the judgment shall be fully paid and satisfied.
(Ga. L. 1887, p. 62, § 1; Code 1933, § 67-1603.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 69 Am. Jur. 2d, Secured Transactions, § 575.
C.J.S.- 14 C.J.S., Chattel Mortgages, § 342.
ALR.- Priority as between lien for repairs and the like, and right of seller under conditional sales contract, 36 A.L.R.2d 198.
Subpart 4 Foreclosures in Magistrate Court
RESEARCH REFERENCES
ALR.
- Right to attorneys' fees on enforcing chattel mortgage, 63 A.L.R. 1314.