In the event the claimant is unable, and the plaintiff neglects or refuses, to give bond for the forthcoming of the property, the claimant may apply to the judge of the probate court and procure an order for the sale of the same; and, when the order has been granted, it shall be the duty of the levying officer to advertise the time and place of sale at not less than three public places, to be selected in different parts of the county in which the sale is to take place, for 15 days immediately preceding the time of sale. On the day of sale, between the hours of 10:00 A.M. and 4:00 P.M., the property shall be sold; and the money arising from the sale shall remain in the hands of the levying officer subject to the order of court upon the final hearing of the claim.
(Ga. L. 1870, p. 411, § 3; Code 1873, § 3735; Code 1882, § 3735; Civil Code 1895, § 4620; Civil Code 1910, § 5166; Code 1933, § 39-809.)
RESEARCH REFERENCES
C.J.S.
- 33 C.J.S., Executions, § 345 et seq.
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.