§38-4-9. Purchaser for value and without notice before levy takes
free of lien; payment or delivery to debtor without
notice is without liability.
The lien of a writ of fieri facias shall not be good as
against a purchaser or assignee of the property subject to the
lien, for a valuable consideration and without notice of such
lien, unless, at the time of such purchase or assignment, the
writ shall have been actually levied upon the property, and the
property shall have been in the actual possession of the officer
or of some person, other than the judgment debtor, holding such
property for the officer. If the property, upon which such writ
is a lien, is a debt or liability of some third person to pay
money or deliver property to the judgment debtor, any payment or
delivery made by such third person to the judgment debtor or his
assignee, before such third person has notice of the writ, shall
be good, and such person shall be discharged, to the extent of
such payment or delivery, from any liability to the judgment
creditor: Provided, however, That if the evidence of such debt
or liability of such third person is a writing of such a nature
that it could be levied on under the provisions of section six of
this article, and if such writing has been levied on and taken
into the possession of the officer under the writ, such levy
shall constitute notice to such third person of the lien of such
fieri facias.