Equal Dignity and Binding Effect of Judgments

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All judgments obtained in the superior courts, magistrate courts, or other courts of this state shall be of equal dignity and shall bind all the property of the defendant in judgment, both real and personal, from the date of such judgments except as otherwise provided in this Code.

(Laws 1799, Cobb's 1851 Digest, p. 494; Laws 1810, Cobb's 1851 Digest, p. 495; Code 1863, § 3499; Code 1868, § 3522; Code 1873, § 3580; Code 1882, § 3580; Civil Code 1895, § 5351; Civil Code 1910, § 5946; Code 1933, § 110-507; Ga. L. 1983, p. 884, § 4-1.)

OPINIONS OF THE ATTORNEY GENERAL

Tax lien is created by the issuance of a tax execution, or writ of fieri facias, and such lien exists for seven years but not against innocent bona fide purchasers for value while the execution is unrecorded; entry of the execution upon the general execution docket revives the lien for an additional seven-year period and is effective against all subsequent purchasers, dating from such entry or recording; a nulla bona entry made prior to the expiration of the seven-year period on such execution would revive the lien but only if such entry is also entered or reentered, as the case may be, upon the execution docket or other books upon which executions and entries are required to be entered or reentered. 1969 Op. Att'y Gen. No. 69-114.

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, § 8 et seq.

C.J.S.

- 49 C.J.S., Judgments, § 637 et seq.

ALR.

- Priority as between judgment lien and unrecorded mortgage, 4 A.L.R. 434.

Priority of judgment over conveyance made after beginning of term but prior to rendition of judgment, 5 A.L.R. 1072.

Judgment as lien on judgment debtor's equitable interest in real property, 30 A.L.R. 504.

Necessity and sufficiency of notice of assignment of judgment to affect stranger dealing with real property on which the judgment is a lien, 30 A.L.R. 820.

Grounds for vacation of satisfaction of judgment, 51 A.L.R. 243.

Attorney's lien subject to setoff against judgment, 51 A.L.R. 1268.

Priority as between decree for alimony and claims of other creditors, 66 A.L.R. 1473.

Priority as between judgments of different dates as regards lien on subsequently acquired property, 67 A.L.R. 1301.

Lien of judgment against heir or devisee as attaching to land sold by executor or administrator, 68 A.L.R. 1479.

Expiration of period of life of judgment as affecting pending garnishment proceeding by judgment creditor against one indebted to judgment debtor, 75 A.L.R. 1359.

Constitutionality, construction, and application of statutes empowering court to require judgment debtor to make payment out of income or by installments, 111 A.L.R. 392.

Statute limiting duration of lien, or life, of judgment, or revival thereof, as applicable to judgment in favor of state or political units thereof, 118 A.L.R. 929.

Lien of judgment as affected by guardianship of incompetent or infant judgment debtor, 119 A.L.R. 1212.

Decree for periodical payments for support or alimony as a lien or the subject of a declaration of lien, 59 A.L.R.2d 656.

Judgment lien or levy of execution on one joint tenant's share or interest as severing joint tenancy, 51 A.L.R.4th 906.

Priority between attorney's charging lien against judgment and opposing party's right of setoff against same judgment, 27 A.L.R.5th 764.


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