Forthcoming Bond for Possession of Property; Amount and Condition; Not Authorized for Realty; When and Where Recoverable

1. Law
2. Georgia Code
3. Civil Practice
4. Executions and Judicial Sales
5. Claims
6. Forthcoming Bond for Possession of Property; Amount and Condition; Not Authorized for Realty; When and Where Recoverable

1. In all cases where a levy is made upon property that is claimed by a third person and the person desires the possession thereof, it shall be the duty of the sheriff or other levying officer to take bond, made payable to the sheriff with good security for a sum equal to double the value of the property levied on to be estimated by the levying officer, for the delivery of the property at the time and place of sale, provided the property so levied upon shall be found subject to the execution. However, it shall not be lawful to require or take a forthcoming bond for real estate.
2. When bond and security have been given as provided in this Code section, it shall be the duty of the sheriff or other levying officer to leave the property in the possession of the claimant. In the event that the claimant or his security fails to deliver the property after it has been found to be subject to execution, the bond shall be made recoverable in any court having cognizance of the same.

(Laws 1811, Cobb's 1851 Digest, p. 532; Laws 1841, Cobb's 1851 Digest, p. 536; Code 1863, §§ 3653, 3654, 3655; Code 1868, §§ 3678, 3679, 3680; Ga. L. 1872, p. 40, § 1; Code 1873, §§ 3728, 3729, 3730; Code 1882, §§ 3728, 3729, 3730; Civil Code 1895, §§ 4614, 4615, 4616; Civil Code 1910, §§ 5160, 5161, 5162; Code 1933, §§ 39-804, 39-805.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 209 et seq.

C.J.S.

- 33 C.J.S., Executions, § 336.

ALR.

- Right of obligor in action on forthcoming bond or receipt for return of property seized under process to set up title in himself, 37 A.L.R. 1402.

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