Gwinnett Sales & Serv

v. Trust Co., 130 Ga. App. 31, 202 S.E.2d 255, 1973 Ga. App. LEXIS 1211 (1973). Recorded bill of sale superior to subsequently recorded mechanic’s lien. — A bill of sale properly recorded is a superior lien to a mechanic’s lien subsequently duly recorded and foreclosed. Norman v. Farmers State Bank, 90 Ga. App. 763, 84 S.E.2d 207, 1954 Ga. App. LEXIS 808 (1954). Effect of a failure to record a mortgage or bill of sale to secure debt shall be the same as is the effect of failure to record a deed of bargain and sale. This changes the prior law with reference to those securities so as to render such instruments, even though unrecorded, superior in rank to subsequent liens created by law. Manchester Motors, Inc. v. F & M Bank, 91 Ga. App. 811, 87 S.E.2d 342, 1955 Ga. App. LEXIS 870 (1955). Vendee cannot force liability on vendor who retains title. — Where a vendor retains title to personal property the vendor’s claim is superior to the lien of a mechanic who has done work at the instance of the vendee. The vendee cannot force a liability on the vendor. Baughman Auto. Co. v. Emanuel, 137 Ga. 354, 73 S.E. 511, 1912 Ga. LEXIS 18 (1912). Bill of sale to secure debt superior to all liens, absent recording act. — A bill of sale to secure debt conveys an outright legal title, as distinguished from a mortgage lien, under law, so as to place such legal title beyond the reach of any lien, statutory or otherwise, in the absence of a recording act treating such as 44-14-363 an equitable mortgage. Manchester Motors, Inc. v. F & M Bank, 91 Ga. App. 811, 87 S.E.2d 342, 1955 Ga. App. LEXIS 870 (1955). Removal of illegally parked cars by police creates no lien. — Where O.C.G.A. § 40-6-206 permits police officers to remove illegally parked automobiles to a garage or other place of safety, but it does not specify whether a public or private garage, nor does it state that the owner shall be liable for the costs of such removal and storage, and no specific authority is given the officers to impound the vehicle and the law is blank as to its ultimate disposition, the law does not create an agency relation between the police officers and the owner so as to create a contract for storage or towing charges, since the owner does not assent to this disposition of property, and no person authorized by law to act for the owner assents to it. Under these circumstances, no lien arises, and detention of the property by the garage against the demands of the owner amounts to a conversion. Wilkinson v. Townsend, 96 Ga. App. 179, 99 S.E.2d 539, 1957 Ga. App. LEXIS 536 (1957). Sawmill proprietors cannot have mechanic’s lien. — A lien does not arise under O.C.G.A. § 44-14-363 when the facts show that the claimants are not mechanics, but proprietors of a sawmill. Evans v. Beddingfield, 106 Ga. 755, 32 S.E. 664, 1899 Ga. LEXIS 746 (1899). No mechanic’s lien for workman hired by another. — The lien given by O.C.G.A. § 44-14-363 does not attach in favor of a workman who is hired by another to do the work. In such a case, the possession of the lien is in the master or contractor. Quillian v. Central R.R. & Banking Co., 52 Ga. 374, 1874 Ga. LEXIS 296 (1874). A firm engaged in operating a repair shop where others are employed to do expert mechanical work, and where material is furnished for the repair of carriages and automobiles, is entitled to a lien on the property manufactured or improved. Fox v. Smith, 143 Ga. 547, 85 S.E. 856, 1915 Ga. LEXIS 514 (1915). Work done by those hired. — The lien provided for in O.C.G.A. § 44-14-363 is afforded to mechanics, notwithstanding 781 the work employed in manufacturing or repairing the property may have been performed entirely by an employee of the mechanic. Fox v. Smith, 143 Ga. 547, 85 S.E. 856, 1915 Ga. LEXIS 514 (1915). Lien to person who controls work. — It was the intent, and it is the plain meaning of O.C.G.A. § 44-14-363 to give 44-14-363 the lien to the manufacturer or repairer, the individual who controls the work, has the shop, and not to the workmen. Gibbs v. Griffin, 123 Ga. App. 385, 181 S.E.2d 285, 1971 Ga. App. LEXIS 1234 (1971). For example of enforcement of lien, see Young v. Alford, 36 Ga. App. 708, 137 S.E. 914, 1927 Ga. App. LEXIS 263 (1927).