Section 9-13-50. Designation by defendant of property to be levied on; when sheriff bound thereby

   (a) The defendant in execution shall be at liberty to point out what part of his property he may think proper to be levied on, which property the sheriff or other officer shall be bound to take and sell first if the same is, in the opinion of the levying officer, sufficient to satisfy the judgment and costs.

(b) When a defendant in execution shall point out property on which to levy the execution which is in the possession of a person not a party to the judgment from which the execution issued, the sheriff or other officer shall not levy thereon but shall proceed to levy on such property as may be found in the possession of the defendant.

Laws 1811, Cobb's 1851 Digest, p. 510; Code 1863, § 3570; Code 1868, § 3593; Code 1873, § 3641; Code 1882, § 3641; Civil Code 1895, § 5423; Civil Code 1910, § 6028; Code 1933, § 39-116.