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 officer from levying on and selling crops in cases where the defendant in execution absconds or removes himself from the county or state, or from selling growing crops with the land.
(Laws 1836, Cobb's 1851 Digest, p. 514; Code 1863, § 3571; Code 1868, § 3594; Code 1873, § 3642; Code 1882, § 3642; Civil Code 1895, § 5425; Civil Code 1910, § 6030; Code 1933, § 39-119.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 140.
C.J.S.- 33 C.J.S., Executions, § 29 et seq.
ALR.
- Judicial or execution sale of realty as affecting debtor's share in crops grown by tenant or cropper, 13 A.L.R. 1425; 113 A.L.R. 1355.
Right in respect of crops grown during period of redemption after judicial or execution sale, 66 A.L.R. 1420.
Growing crops as subject to levy and seizure under attachment or execution, 103 A.L.R. 464.