Hayes v. Consolidated Loan Co.

1. “The interposition of a claim commits the claimant to the fact of the making of a levy, but not to the legality of the process under which it is made,” and a claimant may move to dismiss a levy where it is for any reason fatally defective. Pearce & Renfroe v. Renfroe Bros., 68 Ga. 194 (5a). However, an uninterested person can not interpose objection to the levy of an execution (Parker v. Matthews, 106 Ga. 49, 52, 31 S. E. 784; Wheeler v. Martin, 145 Ga. 164, 88 S. E. 951). Since the claimant is not interested in the case between the plaintiff and the defendant in fi. fa., but is only…