§ 53-7-51 - (Pre-1998 Probate Code) Levying of execution in first instance against property of principal upon recovery of judgment against administrator or executor; prerequisite to levying against - Georgia Statutes

O.C.G.A. 53-7-51 (2010)
53-7-51. (Pre-1998 Probate Code) Levying of execution in first instance against property of principal upon recovery of judgment against administrator or executor; prerequisite to levying against property of sureties

In all cases of judgments recovered against the administrator or executor and his sureties, the execution issued shall be first levied on the property of the principal, and no levy shall be made on the property of the sureties until there is a return of nulla bona as to the principal, unless the plaintiff in execution shall file with the levying officer an affidavit that the surety is actually removing or secreting his property so as to avoid the payment of the judgment.