Date of lien against officer’s property

Unless otherwise provided by law, a rule absolute granted against a sheriff, constable, or other officer who has defaulted in his duty shall constitute a lien on his property from the date of rendition but shall be of equal date with other judgments rendered against the officer within the same term of court. (Orig. Code 1863, § 1994; Code 1868, § 1984; Code 1873, § 2001; Code 1882, § 2001; Civil Code 1895, § 2826; Civil Code 1910, § 3376; Code 1933, § 24-215.) 207 15-13-13 15-13-13. When officer may pay money over to plaintiff; claims; distribution by court; effect on notified parties. (a) Where money is in the hands of an officer, he may pay it over to the plaintiff by whose process it was raised, unless other claimants deposit their liens with him. Notice to retain is insufficient unless accompanied by a lien. (b) Money raised by legal process not being subject to levy and sale, the court in making distribution shall proceed upon equitable principles. (c) All parties intervening shall, by appropriate pleading, set forth the ground of their claim to the fund. (d) All persons interested who are notified in writing by the sheriff or movant of the pendency of the rule shall be bound by the judgment of distribution. (Civil Code 1895, § 4776; Civil Code 1910, § 5348; Code 1933, § 24-211.) History of Code section. — This Code section is derived from the decisions in Foster v. Rutherford, 20 Ga. 668 (1856); Estes v. Ivey, 53 Ga. 52 (1874); Columbus Factory v. Herndon, 54 Ga. 210 (1875); and Barrett & Caswell v. Pulliam, 77 Ga. 552 (1886).