Kemp v. Price

1. Where property in the possession of a defendant in fi. fa, was seized by a levying officer under a levy of the execution, and the debtor thereafter filed in the office of the ordinary, as authorized by the Civil Code, § 3414, and the act amendatory thereof approved August 8, ,1924 (Ga. L. 1924, p. 57), a schedule of his household and kitchen furniture claimed to be exempt, including a specific article levied upon, the recordation of the schedule, filed ex parte and without notice, did not ipso facto operate to divest the levying officer of the right of possession acquired under the…