§ 9-13-129.Property subject to other executions; retention of sale proceeds to satisfy first execution; release of bond pro tanto

A pending affidavit of illegality freezes the execution it targets, but it does not have to freeze every other creditor’s remedy against the same property. This section lets property under a stayed levy still be levied on and sold under other executions while the illegality on the first one works its way through court.

That flexibility comes with a built-in safeguard for the plaintiff whose execution is stalled. The officer who made the first levy must claim, receive, hold, and retain whatever portion of the later sale’s proceeds the court decides is enough to pay that first execution, including interest that accrues up to the term at which the illegality is finally determined. The first plaintiff does not lose the benefit of an earlier levy just because another creditor’s sale reaches the property first — the money is set aside and waits for the illegality’s outcome.

The defendant benefits too, in a narrower way. Any forthcoming bond given when the affidavit of illegality was filed is released and discharged pro tanto — that is, only to the extent it relates to the property that was sold. Once that property has been sold under the other execution and its value effectively captured in the held-back proceeds, there is nothing left for the bond to guarantee as to that property, so the bond’s reach shrinks accordingly, without discharging any obligation the bond still carries as to property that was not sold.