If an execution creditor having the older lien on a fund in the hands of the sheriff or other officer allows the fund by his consent to be applied to a younger writ of execution, it shall be considered an extinguishment pro tanto of the creditor's lien insofar as third persons may be concerned.
(Orig. Code 1863, § 3586; Code 1868, § 3609; Code 1873, § 3659; Code 1882, § 3659; Civil Code 1895, § 5444; Civil Code 1910, § 6049; Code 1933, § 39-603.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 516 et seq.
C.J.S.- 33 C.J.S., Executions, § 232.