Jones v

Eubanks, 86 Ga. 616, 12 S.E. 1065, 1891 Ga. LEXIS 31 (1891). See also, Reynolds v. Hindman, 88 Ga. 314, 14 S.E. 471, 1891 Ga. LEXIS 345 (1891). Tenant need not use supplies to make crop. — In the foreclosure of a landlord’s lien for supplies, it is not neces- Characteristics of Lien 673 44-14-340 Characteristics of Lien (Cont’d) ment of an action to foreclose the lien or recover the amount of the claim. Picklesimer v. Smith, 164 Ga. 600, 139 S.E. 72, 1927 Ga. LEXIS 235 (1927). Time lien attaches against third party with notice. — When a contractor or materialman has done work or furnished material for the improvement of real estate, the contractor’s liens when declared and created, as provided in O.C.G.A. § 44-14-362, attach from the time the work under the contract is commenced or the material is furnished, as against third persons having actual notice of such liens. Marbut-Williams Lumber Co. v. Dixie Elec. Co., 166 Ga. 42, 142 S.E. 270, 1928 Ga. LEXIS 209 (1928). Lien unaffected by bankruptcy. — Lien given by O.C.G.A. § 44-14-340 is not obtained by legal proceedings, and is not affected by bankruptcy of the tenant, but is to be recognized and enforced in the bankruptcy proceedings. Henderson v. Mayer, 225 U.S. 631, 32 S. Ct. 699, 56 L. Ed. 1233, 1912 U.S. LEXIS 2110 (1912); In re Harper, 294 F. 899, 1924 U.S. Dist. LEXIS 1858 (D. Ga. 1924), dismissed, Corrigan v. Buckley, 271 U.S. 323, 46 S. Ct. 521, 70 L. Ed. 969, 1926 U.S. LEXIS 884 (1926). For example of lien not affected by bankruptcy. Sitton v. Turner, 34 Ga. App. 12, 128 S.E. 77, 1925 Ga. App. LEXIS 5 (1925). Lien does not give landlord right to pick crop. — The fact that a landlord has a lien for supplies does not give the landlord a right to pick a crop without the tenant’s consent in order to save the crop. Wadley v. Williams, 75 Ga. 272, 1885 Ga. LEXIS 112 (1885). Lien is assignable and the assignee may enforce it even though it is assigned on the day it is created, no supplies having been furnished. Benson v. Gottheimer, 75 Ga. 642, 1885 Ga. LEXIS 193 (1885). Third party buyer recording before materials delivered is not liable for lien. — Contractor’s lien under O.C.G.A. § 44-14-340 cannot attach or exist prior to delivery of any of the material. It follows that a holder of legal title to realty, under a security deed executed by the owner and duly recorded prior to delivery of material furnished to such owner for improvement of the realty, cannot at the time of taking the security be affected with notice of any lien which the materialman may set up for material furnished to improve the property. Marbut-Williams Lumber Co. v. Dixie Elec. Co., 166 Ga. 42, 142 S.E. 270, 1928 Ga. LEXIS 209 (1928). Lien covers only year when advances made. — Special lien given to landlords upon the crops of their tenants for money and articles furnished to make the crops embrace only the crops of the year in which such advances are made for such purposes. Where the affidavit of foreclosure and the execution issued thereon show on their face that the money and articles furnished are for the preceding year as well as the current year, and also asserts a general lien upon other property (livestock), the affidavit and execution issued thereon are void. Parker v. Bond, 47 Ga. App. 318, 170 S.E. 331, 1933 Ga. App. LEXIS 389 (1933). “Year” not solar year. — Where the supplies are furnished in November to be used in making next year’s crop, the lien given by O.C.G.A. § 44-14-340 arises. Johnson v. McDaniel, 138 Ga. 203, 75 S.E. 101, 1912 Ga. LEXIS 257 (1912). No execution against supplies until used. — Supplies furnished but not yet utilized by the tenant for the purpose intended, are not subject to levy and sale under executions against the tenant held by third persons if title did not pass to tenant because landlord told tenant to hold supplies until further orders. Mutual Fertilizer Co. v. Moultrie Banking Co., 36 Ga. App. 322, 136 S.E. 803, 1927 Ga. App. LEXIS 55 (1927). Lien attaches to sale under common-law levy. — If crops subject to lien under O.C.G.A. § 44-14-340 are sold under a common-law levy, the lien will attach to the proceeds of such sale. Cochran v. Waits, Johnson & Co., 127 Ga. 93, 56 S.E. 241, 1906 Ga. LEXIS 747 (1906). Priorities Landlord’s lien is not effective as against a bona fide purchaser. De 674 44-14-340 MORTGAGES, SECURITY, LIENS Laigle v. Shuptrine, 28 Ga. App. 380, 110 S.E. 920, 1922 Ga. App. LEXIS 530 (1922). Lien applies to assignee of bankrupt. — The fact that the lien was not foreclosed prior to the assignment by the bankrupt of the homestead set aside to the bankrupt out of the proceeds of the bankrupt’s share of the crops will not defeat the landlord’s lien. Moseman v. Comer, 160 Ga. 106, 127 S.E. 406, 1925 Ga. LEXIS 96 (1925). Landlord’s lien for supplies is superior to that of a mortgagee, also for supplies. Manley v. Underwood, 27 Ga. App. 822, 110 S.E. 49, 1921 Ga. App. LEXIS 454 (1921). Materialman’s lien supersedes second security deed to vendee with notice. — Where, after materialmen had furnished material to improve the real estate embraced in the deed above referred to, the owner executes and delivers to the vendee therein a second deed to secure debt, and the vendee takes such second deed with actual notice of the claims of liens by such materialmen, the liens of the materialmen, when created and declared as required by O.C.G.A. § 44-14-362, would take priority over the title acquired by the vendee in such second security deed. Picklesimer v. Smith, 164 Ga. 600, 139 S.E. 72, 1927 Ga. LEXIS 235 (1927). Lien of judgment not divested by superior factor’s lien. — Although a factor’s lien on crops for supplies furnished formerly included in the statute is superior to the lien of a judgment, delivery of the crops to the factor will not vest title in the factor nor divest the judgment lien. Stallings v. Harrold, Johnson & Co., 60 Ga. 478, 1878 Ga. LEXIS 510 (1878). Enforcement Proper remedy to enforce a lien, under O.C.G.A. § 44-14-340 is that prescribed in O.C.G.A. § 44-14-550, and a 44-14-340 distress warrant. Mackenzie v. Flannery & Co., 90 Ga. 590, 16 S.E. 710, 1892 Ga. LEXIS 221 (1892). Strict construction as to debts enforced. — As O.C.G.A. § 44-14-340 creates this special lien, with the right of summary enforcement, only under certain circumstances, debts cannot be collected in the mode so provided, unless they fall within the terms of such section. Parties cannot by agreement bring other debts than those which the law itself embraces within its scope. Parks v. Simpson, 124 Ga. 523, 52 S.E. 616, 1905 Ga. LEXIS 772 (1905). Bankruptcy obviates need for enforcement procedures. — While the method of enforcing liens given by O.C.G.A. § 44-14-340 to a landlord must ordinarily be followed, such procedure is not necessary, where before it is taken the property passes into possession of a court of bankruptcy. In re Harper, 294 F. 899, 1924 U.S. Dist. LEXIS 1858 (D. Ga. 1924), dismissed, Corrigan v. Buckley, 271 U.S. 323, 46 S. Ct. 521, 70 L. Ed. 969, 1926 U.S. LEXIS 884 (1926). But see Moseman v. Comer, 160 Ga. 106, 127 S.E. 406, 1925 Ga. LEXIS 96 (1925). Foreclosure limited before note due. — Where a note is given for supplies the lien under O.C.G.A. § 44-14-340 cannot be foreclosed until the note is due except as provided in O.C.G.A. § 44-14340(3). Harmon v. Earwood, 29 Ga. App. 399, 115 S.E. 502, 1923 Ga. App. LEXIS 30 (1923). Payment demand unnecessary if tenant removing crops. — Since a lien under O.C.G.A. § 44-14-340 may be foreclosed before the debt is due, if the tenant is removing or seeking to remove crops from the premises, a demand for payment is not, in such a case, an essential prerequisite to the right to foreclose. Vaughn v. Strickland, 108 Ga. 659, 34 S.E. 192, 1899 Ga. LEXIS 317 (1899).