13-3-139 - Lien of executions, and priority thereof.
§ 13-3-139. Lien of executions, and priority thereof.
Writs of executions, where there is no judgment lien, shall bind the property of defendant only from the time of the levy thereof. If two or more writs shall be delivered to the officer for execution against the same person, that which was first delivered shall be the first levied and satisfied. It shall be the duty of the sheriff or other officer, on receipt of an execution, to indorse thereon the day of the month and the year and the hour when he received the same. For a failure to make such indorsement, the sheriff or other officer shall be liable to a penalty of one hundred dollars, to the use of the plaintiff, recoverable by motion before the court from which the execution issued, and the sheriff or other officer shall, moreover, be liable for all damages sustained by any party aggrieved.
Sources: Codes, Hutchinson's 1848, ch. 62, art. 1 (8); 1857, ch. 61, art. 270; 1871, § 841; 1892, § 3473; 1906, § 3971; Hemingway's 1917, § 2978; 1930, § 3024; 1942, § 1912.