When the execution provided for by Code Section 44-14-300 is delivered to a constable, he shall levy on the property wherever it may be found; and, after advertising the same for ten days preceding the sale by giving a full description of the property to be sold and the process under which he is proceeding in a written advertisement at three or more public places in the district in which the property may be found, he shall put up and expose the property for sale as provided in this Code section; provided, however, that the sale shall be had within the legal hours of sale on a regular court day and at the usual place of holding magistrate courts for the district. The constable shall put up and expose the property for sale at the time and place and in the same manner as constable's sales are required to be held.
(Ga. L. 1878-79, p. 152, § 2; Ga. L. 1882-83, p. 67, § 1; Code 1882, § 3974b; Civil Code 1895, § 2761; Civil Code 1910, § 3294; Code 1933, § 67-902; Ga. L. 2003, p. 140, § 44.)
The 2003 amendment, effective May 14, 2003, part of an Act to revise, modernize, and correct the Code, substituted "magistrate" for "justice" near the end of the first sentence.
RESEARCH REFERENCES
Am. Jur. 2d.
- 69 Am. Jur. 2d, Secured Transactions, § 575.
C.J.S.- 14 C.J.S., Chattel Mortgages, §§ 407, 425.
ALR.
- Purchase by pledgee of subject of pledge, 76 A.L.R. 705; 37 A.L.R.2d 1381.
Protection of mortgagor or owner of mortgaged property, on foreclosure sale, by fixing upset or minimum price, requiring credit of specified amount on mortgage debt, or denying or limiting amount of deficiency judgment, 85 A.L.R. 1480; 89 A.L.R. 1087; 90 A.L.R. 1330; 94 A.L.R. 1352; 96 A.L.R. 853; 97 A.L.R. 1123; 104 A.L.R. 375.