reglab/housing_qa huggingface dataset:
GA Code § 9-12-133 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 12 - Verdict and Judgment|Article 6 - Enforcement of Foreign Judgments|§ 9-12-133. Filing of Foreign Judgment; Notice to Judgment Debtor; Code Section 9-11-4 Inapplicable to Article

  At the time a foreign judgment is filed, the judgment creditor or the judgment creditor's attorney shall make and file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.   The clerk shall promptly mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall note the mailing in the docket. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. The judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.   The provisions of Code Section 9-11-4 shall not apply to this article.   The provisions of subsections (a) and (b) of this Code section shall not apply to the registration of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of Title 29.     (Code 1981, §9-12-133, enacted by Ga. L. 1986, p. 380, § 1; Ga. L. 2015, p. 996, § 5-1/SB 65; Ga. L. 2019, p. 693, § 35/HB 70.)    The 2015 amendment,  effective July 1, 2015, added subsection (c).    The 2019 amendment,  effective January 1, 2020, added subsection (d).   Editor's notes.   - Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides:   "(a) This Act shall be known and may be cited as the 'Debtor Creditor Uniform Law Modernization Act of 2015.'   "(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships."
GA Code § 9-12-135 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 12 - Verdict and Judgment|Article 6 - Enforcement of Foreign Judgments|§ 9-12-135. Clerk's Fees

  A person filing a foreign judgment shall pay to the clerk of court the same sums as in civil cases in superior court as provided in Code Section 15-6-77; provided, however, that a person registering a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of Title 29 shall pay to the probate court in which such order is registered the same sums as in adult guardianship matters in probate court as provided in paragraph (1) of subsection (g) of Code Section 15-9-60.   Fees for other enforcement proceedings shall be as otherwise provided by law.     (Code 1981, §9-12-135, enacted by Ga. L. 1986, p. 380, § 1; Ga. L. 1988, p. 320, § 1; Ga. L. 1991, p. 1324, § 3; Ga. L. 2019, p. 693, § 37/HB 70.)    The 2019 amendment,  effective January 1, 2020, substituted the present provisions of this Code section for the former provisions, which read: "A person filing a foreign judgment shall pay to the clerk of court the same sums as in civil cases in superior court as provided in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law."
GA Code § 9-12-136 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 12 - Verdict and Judgment|Article 6 - Enforcement of Foreign Judgments|§ 9-12-136. Actions to Enforce Judgments Preserved

 The judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this article.    (Code 1981, §9-12-136, enacted by Ga. L. 1986, p. 380, § 1.)
GA Code § 9-12-137 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 12 - Verdict and Judgment|Article 6 - Enforcement of Foreign Judgments|§ 9-12-137. Uniform Construction

 This article shall be interpreted and construed to achieve its general purposes to make the law of those states which enact it uniform.    (Code 1981, §9-12-137, enacted by Ga. L. 1986, p. 380, § 1.)
GA Code § 9-12-138 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 12 - Verdict and Judgment|Article 6 - Enforcement of Foreign Judgments|§ 9-12-138. Judgments to Which Article Applies

 This article shall apply to foreign judgments of other states only if those states have adopted the "Uniform Enforcement of Foreign Judgments Act" in substantially the same form as this article.    (Code 1981, §9-12-138, enacted by Ga. L. 1986, p. 380, § 1.)
GA Code § 9-13-2 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 1 - General Provisions|§ 9-13-2. Execution Suspended by Appeal

 If execution is issued before the expiration of the time allowed for entering an appeal, the execution will be suspended on the entering of an appeal by either party.   (Orig. Code 1863, § 3556; Code 1868, § 3579; Code 1873, § 3634; Code 1882, § 3634; Civil Code 1895, § 5415; Civil Code 1910, § 6020; Code 1933, § 39-115.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Appellate Review, § 387.   C.J.S.   - 33 C.J.S., Executions, § 247 et seq.   ALR.   - Effect of supersedeas or stay on antecedent levy, 90 A.L.R.2d 483.
GA Code § 9-13-4 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 1 - General Provisions|§ 9-13-4. Judge May Frame Executions

 The judge of any superior court may frame and cause to be issued by the clerk thereof any writ of execution to carry into effect any lawful judgment or decree rendered in his court.   (Orig. Code 1863, § 3561; Code 1868, § 3584; Code 1873, § 3639; Code 1882, § 3639; Civil Code 1895, § 5420; Civil Code 1910, § 6025; Code 1933, § 39-105.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 3.   C.J.S.   - 33 C.J.S., Executions, § 14.
GA Code § 9-13-5 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 1 - General Provisions|§ 9-13-5. Amendment of Execution - to Conform to Judgment or Time of Return

 A writ of fieri facias may be amended so as to conform to the judgment upon which it issued and to the time of its return; and such amendments shall in no manner affect the validity of the writ of fieri facias, nor shall the levy of the writ fall or be in any manner invalidated thereby.   (Orig. Code 1863, § 3425; Code 1868, § 3445; Code 1873, § 3495; Code 1882, § 3495; Ga. L. 1890-91, p. 76, § 1; Civil Code 1895, § 5114; Civil Code 1910, § 5698; Code 1933, § 39-109.)   Law reviews.   - For note discussing the procedure for the issuance and amendment of a writ of execution, see 12 Ga. L. Rev. 814 (1978).   JUDICIAL DECISIONS    Judgment may be amended by order of court, in conformity to verdict upon which the judgment is predicated. Jones v. Whitehead, 167 Ga. 848, 146 S.E. 768 (1929).    After proper order to amend, it is not requisite to issue new fieri facias. Saffold v. Wade, 56 Ga. 174 (1876).    Copy or alias fieri facias may be amended. Artope v. Barker, 72 Ga. 186 (1883).    Amendments to fieri facias relate back to original dates and take effect therefrom. Saffold v. Wade, 56 Ga. 174 (1876).   Execution on alimony judgment amendable to show proper status of party.    - When a judgment awarded alimony to a wife for the benefit of her minor daughter, and execution in favor of the wife individually did not follow the judgment, the husband was entitled to have the judgment amended so as to show that the execution issued in the name of the wife for the benefit of her minor child, instead of in her individual capacity. Jackson v. Jackson, 204 Ga. 259, 49 S.E.2d 662 (1948).    When excess penalty included in tax execution is illegal, such excess requires only amendment; a dismissal of the execution for this reason is unauthorized. State Revenue Comm'n v. NABISCO, 49 Ga. App. 409, 175 S.E. 607 (1934).    Cited in Hollis v. Sales, 103 Ga. 75, 29 S.E. 482 (1897); Manley v. McKenzie, 128 Ga. 347, 57 S.E. 705 (1907); Rabon v. Brown, 275 Ga. 46, 561 S.E.2d 816 (2002).   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 108 et seq.   C.J.S.   - 33 C.J.S., Executions, §§ 114, 115.   ALR.    - Power of court to compel officer to amend or perfect his return of execution or attachment, 132 A.L.R. 904.
GA Code § 9-13-6 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 1 - General Provisions|§ 9-13-6. Amendment of Execution - to Conform to Amended Judgment

 Where a judgment has been amended by order of the court in conformity to the verdict upon which it is predicated and execution has previously issued thereon, the clerk of the court in which the judgment was rendered shall have power to amend the execution at any time so as to make it conform to the amended judgment; and such amendment shall not cause any levy on the execution to fall.   (Orig. Code 1863, § 3424; Code 1868, § 3444; Code 1873, § 3494; Code 1882, § 3494; Civil Code 1895, § 5113; Ga. L. 1902, p. 55, § 1; Civil Code 1910, § 5697; Code 1933, § 39-110.)   Law reviews.   - For note discussing the procedure for the issuance and amendment of a writ of execution, see 12 Ga. L. Rev. 814 (1978).   JUDICIAL DECISIONS   Judgment amendable after execution issued.    - Judgment must conform to the reasonable intendment of the verdict upon which the judgment is based and the judgment may be amended by order of the court in order to conform to the verdict, even after execution has been issued. Frank E. Wood Co. v. Colson, 43 Ga. App. 265, 158 S.E. 533 (1931).    Cited in Neely v. Mobley, 49 Ga. App. 541, 176 S.E. 527 (1934).   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 108 et seq.   C.J.S.   - 33 C.J.S., Executions, §§ 114, 115.
GA Code § 9-13-7 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 1 - General Provisions|§ 9-13-7. Amendment of Execution - to Correct Mistake in Issuance; Alias Execution

  When the clerk of any court has made any mistake in issuing an execution, the clerk or any of his successors in office may correct the mistake by amending the execution and shall note and certify on the execution the fact that the amendment was made by him.   Alternatively, the clerk may issue an alias execution to be signed and dated by him at the time it is issued instead of the execution in which the mistake was made. The clerk shall note the fact of the issuing of the alias on the original, which original shall remain on file in his office, and shall likewise make a memorandum thereof on the execution docket; he shall also transcribe upon the alias all the entries and credits from the original. No order of court shall be necessary in the cases contemplated by this Code section.    (Ga. L. 1869, p. 137, § 1; Code 1873, § 3496; Code 1882, § 3496; Civil Code 1895, § 5115; Civil Code 1910, § 5699; Code 1933, § 39-111.)   Law reviews.   - For note discussing the procedure for the issuance and amendment of a writ of execution, see 12 Ga. L. Rev. 814 (1978).   JUDICIAL DECISIONS    When execution has been quashed because the execution was not conforming to the judgment, the clerk may issue another which does conform to the judgment. Westbrook v. Hays, 89 Ga. 101, 14 S.E. 879 (1892). See also Smith v. Bell, 107 Ga. 800, 33 S.E. 684, 73 Am. St. R. 151 (1899).    Cited in Cooper v. Huff, 55 Ga. 119 (1875); Georgia Sec. Co. v. Sanders, 74 Ga. App. 295, 39 S.E.2d 570 (1946).   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 108 et seq.   C.J.S.   - 33 C.J.S., Executions, §§ 114, 115.
GA Code § 9-13-9 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 1 - General Provisions|§ 9-13-9. When Execution Returnable

 All executions, except as otherwise provided by this Code, shall be made returnable to the next term of the court from which they issued.   (Orig. Code 1863, § 3557; Code 1868, § 3580; Code 1873, § 3635; Code 1882, § 3635; Civil Code 1895, § 5416; Civil Code 1910, § 6021; Code 1933, § 39-125.)   Law reviews.   - For note discussing procedures required to effect a levy of execution, see 12 Ga. L. Rev. 814 (1978).   JUDICIAL DECISIONS   Meaning of "next term".    - This section means that executions shall be returnable to the next term after the money can be lawfully made. Chamberlin & Co. v. Beck, Gregg & Co., 68 Ga. 346 (1882).   Section applicable to foreclosure of security interest.    - Former Code 1933, § 67-701 (see now O.C.G.A. § 44-14-230), relating to the foreclosure of security interests, did not make provision for the execution to be returnable to any particular term of court, so former Code 1933, § 39-125 (see now O.C.G.A. § 9-13-9) would apply. Youmans v. Consumers Fin. Corp., 77 Ga. App. 373, 48 S.E.2d 684 (1948).   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 217 et seq.   C.J.S.   - 33 C.J.S., Executions, §§ 511, 512.   ALR.    - Execution: effect of return made after return day, 2 A.L.R. 181.    Return on execution as subject to contradiction, explanation, or amplification, 129 A.L.R. 1364.
GA Code § 9-13-11 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 1 - General Provisions|§ 9-13-11. (See Editor's notes.) Direction, Levy, Service, and Return of Execution When Sheriff a Party

 All executions, orders, decrees, attachments for contempt, and final process issued by the clerks of the courts in favor of or against any sheriff shall be directed to the coroner of the county in which the sheriff resides and to all and singular the sheriffs of the state, except the sheriff of the county in which the interested sheriff resides, and may be levied, served, and returned by the coroner, other sheriff, or constable of the county at the option of the plaintiff or the party seeking the remedy.   (Laws 1847, Cobb's 1851 Digest, p. 517; Code 1863, § 3554; Code 1868, § 3577; Code 1873, § 3633; Code 1882, § 3633; Civil Code 1895, § 5414; Civil Code 1910, § 6019; Code 1933, § 39-114.)   For application of this statute in 2020 and 2021, see Executive Orders 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.   A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.   OPINIONS OF THE ATTORNEY GENERAL    This section does not give power to arrest sheriff in criminal matters;  it refers to the transferal of certain ministerial duties from a sheriff to the coroner, when the sheriff is a party to a proceeding, and precludes a sheriff handling an order for final process against the sheriff personally. 1973 Op. Att'y Gen. No. 73-93.    This section applies to civil matters  involving orders, decrees, attachments, executions, and final processes, and does not give authority to arrest a sheriff in criminal matters. 1973 Op. Att'y Gen. No. 73-93.   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 174 et seq.   C.J.S.   - 33 C.J.S., Executions, §§ 89, 91.
GA Code § 9-13-14 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 1 - General Provisions|§ 9-13-14. Bonds Taken by Executing Officers Valid; Rights of Plaintiffs Not Affected

  All bonds taken by sheriffs or other executing officers from defendants in execution for the delivery of property, on the day of sale or any other time, which they may have levied on by virtue of any fi. fa. or other legal process from any court shall be good and valid in law and recoverable in any court having jurisdiction thereof.   No bond taken in conformity with subsection (a) of this Code section shall in any case prejudice or affect the rights of the plaintiff in execution; the bond shall relate to and have effect solely between the officer to whom it is given and the defendant in execution. The officer shall in no case excuse himself for not having made the money on an execution by having taken the bond but shall be liable to be ruled as prescribed by law.    (Laws 1829, Cobb's 1851 Digest, pp. 534, 535; Code 1863, §§ 3599, 3600; Code 1868, §§ 3623, 3624; Code 1873, §§ 3673, 3674; Code 1882, §§ 3673, 3674; Civil Code 1895, §§ 5436, 5437; Civil Code 1910, §§ 6041, 6042; Code 1933, §§ 39-302, 39-303.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 67 et seq.   C.J.S.   - 33 C.J.S., Executions, § 192 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.    Right of sheriff or constable to demand indemnity bond as a condition of executing process or seizure of property, absent claim by third person, 95 A.L.R. 943.
GA Code § 9-13-15 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 1 - General Provisions|§ 9-13-15. Measure of Damages on Forthcoming Bond

 Whenever personal property is levied upon under any judicial process from the courts of this state and a forthcoming bond is given for the same, the measure of damages to be recovered upon the bond shall be the value of the property at the time of its delivery under the bond, with interest thereon; and, if the property deteriorates in value by reason of being used by the person giving the bond or otherwise and is then delivered to the officer making the seizure, the officer or the plaintiff in execution may recover on the bond the difference between the value at the time of the delivery of the property under the bond and its value when turned over to the officer making the levy, with interest thereon. The amount of damages shall in no case exceed the amount due on the execution levied.   (Ga. L. 1893, p. 123, § 1; Civil Code 1895, § 5438; Civil Code 1910, § 6043; Code 1933, § 39-304.)   RESEARCH REFERENCES   C.J.S.   - 33 C.J.S., Executions, § 192 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.
GA Code § 9-13-16 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 1 - General Provisions|§ 9-13-16. Penalty for Fraudulent Levy

 Any person who fraudulently causes any process, attachment, distress, or execution to be levied on any estrayed animal, lot of land, or other property, knowing that the same is not subject to the process or writ, shall, for the first offense, be guilty of a misdemeanor. For any subsequent conviction, the person shall be sentenced to confinement for not less than two nor more than four years.   (Laws 1837, Cobb's 1851 Digest, pp. 849, 850; Code 1863, § 4333; Ga. L. 1865-66, p. 233, § 14; Code 1868, § 4369; Code 1873, § 4436; Code 1882, § 4436; Penal Code 1895, § 218; Penal Code 1910, § 215; Code 1933, § 39-9901.)   RESEARCH REFERENCES   ALR.   - Recovery of damages for mental anguish, distress, suffering, or the like, in action for wrongful attachment, garnishment, sequestration, or execution, 83 A.L.R.3d 598.   JUDICIAL DECISIONS   Construction.    - Although O.C.G.A. § 9-13-16 could have possibly been read to apply to tax executions, it was impliedly repealed by the amendments to and the repeal of former O.C.G.A. § 48-3-19, and as a trial court apparently relied on a misinterpretation of the law in that area, a property owner's request for interlocutory injunctive relief against the county tax commissioner's selling or transferring tax executions on the owner's property to third parties required remand for further determination; as former § 48-3-19 was the specific statute, the repeal thereof meant that the general provisions of § 9-13-36 no longer guaranteed the rights therein. E-Lane Pine Hills, LLC v. Ferdinand, 277 Ga. App. 566, 627 S.E.2d 44 (2005).
GA Code § 9-13-30 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 2 - Parties in Execution|§ 9-13-30. Execution Against Sureties and Endorsers

 When, in a judgment against sureties or endorsers on a draft, promissory note, or other instrument in writing, the plaintiff or his attorney has designated and identified the relation of the parties under the contract on which the judgment was rendered, execution shall issue accordingly.   (Laws 1845, Cobb's 1851 Digest, p. 598; Laws 1850, Cobb's 1851 Digest, p. 600; Code 1863, § 3491; Code 1868, § 3514; Code 1873, § 3572; Code 1882, § 3572; Civil Code 1895, § 5343; Civil Code 1910, § 5938; Code 1933, § 39-107.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Suretyship, § 18 et seq.   C.J.S.   - 33 C.J.S., Executions, §§ 101, 102.
GA Code § 9-13-31 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 2 - Parties in Execution|§ 9-13-31. Execution Against Principal and His Surety on Appeal

 In all cases of appeal where security has been given and judgment has been entered against the principal and surety, jointly and severally, execution shall issue accordingly and shall proceed against either or both at the option of the plaintiff until his debt is satisfied.   (Orig. Code 1863, § 3490; Code 1868, § 3513; Code 1873, § 3571; Code 1882, § 3571; Civil Code 1895, § 5342; Civil Code 1910, § 5937; Code 1933, § 39-106.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 74 Am. Jur. 2d, Suretyship, § 18 et seq.   C.J.S.   - 72 C.J.S., Principal and Surety, § 265.
GA Code § 9-13-32 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 2 - Parties in Execution|§ 9-13-32. Execution Following Death of Defendant

 On the death of a defendant after final judgment when no execution has been issued prior to such death, execution may issue as though the death had not taken place.   (Orig. Code 1863, § 3370; Code 1868, § 3389; Ga. L. 1873, p. 21, § 1; Code 1873, § 3437; Code 1882, § 3437; Civil Code 1895, § 5034; Civil Code 1910, § 5616; Code 1933, § 3-419.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Abatement, Survival, and Revival, § 57. 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 52.   C.J.S.   - 1 C.J.S., Abatement and Revival, § 151. 33 C.J.S., Executions, § 71 et seq.
GA Code § 9-13-33 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 2 - Parties in Execution|§ 9-13-33. Executions Using Partnership Name Valid

 Executions issued in favor of or against partners, where the partnership style is used therein instead of the individual names of the persons composing the firm, shall be valid.   (Orig. Code 1863, § 3495; Code 1868, § 3518; Code 1873, § 3576; Code 1882, § 3576; Civil Code 1895, § 5346; Civil Code 1910, § 5941; Code 1933, § 39-108.)   RESEARCH REFERENCES   C.J.S.   - 33 C.J.S., Executions, §§ 101, 102.
GA Code § 9-13-34 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 13 - Executions and Judicial Sales|Article 2 - Parties in Execution|§ 9-13-34. Right to Transfer Execution; Status of Transferee

 Any plaintiff in judgment or transferee may in good faith and for a valuable consideration transfer any execution to a third person. In all cases the transferee of any execution shall have the same rights and shall be subject to the same equities and the same defenses as was the original plaintiff in judgment.   (Laws 1829, Cobb's 1851 Digest, p. 499; Code 1863, § 3516; Code 1868, § 3539; Code 1873, § 3597; Code 1882, § 3597; Civil Code 1895, § 5374; Civil Code 1910, § 5969; Code 1933, § 39-401.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 8.   C.J.S.   - 33 C.J.S., Executions, §§ 132, 133.