§ 16-61-115 - Interpleader in action against sheriff for recovery of property or proceeds.
16-61-115. Interpleader in action against sheriff for recovery of property or proceeds.
(a) The provisions of 16-61-114 shall be applicable to an action brought against a sheriff, or other officer, for the recovery of personal property taken by him or her under an execution, or for the proceeds of the property so taken or sold by him or her.
(b) The defendant in any such action shall be entitled to the benefit of 16-61-114 against the party in whose favor the execution issued, upon exhibiting to the court the process under which he or she acted, with his or her affidavit that the property, for the recovery of which, or its proceeds, the action was brought, was taken under such process.
(c) In an action against a sheriff, or other officer, for the recovery of property taken under an execution, the court may, upon the application of the defendant, and of the party in whose favor the execution issued, permit the latter to be substituted as the defendant, security for the costs being given.