Judgment on one of several notes.

- Where judgment has been obtained on one of several purchase money notes, the others being not yet mature, the land may be sold, under O.C.G.A. § 44-14-321, and the vendor will have a right to the proceeds, to the extent of the entire price, prior to the rights of other creditors. The vendor will not, however, be allowed payment until the money is due. Brown v. Farmer, 94 Ga. 178, 21 S.E. 292 (1894).

Executors of deceased partner, who have title to renewals of purchase money notes, may proceed under O.C.G.A. § 44-14-321, without any conveyance by the surviving members of the firm or the liens of the deceased. Blalock v. Jackson, 94 Ga. 469, 20 S.E. 346 (1894).

Necessity for deed conveyance before levying execution.

- An execution cannot, under the last sentence of O.C.G.A. § 44-14-321, be lawfully levied upon the land until the plaintiff has executed and recorded a deed conveying the land to the defendant. Rogers v. Smith, 98 Ga. 788, 25 S.E. 753 (1896).

Lien need not be alleged in suit to obtain judgment.

- It is not necessary in suits upon notes given for land and judgments thereon, to specify or declare a lien thereon on the face of the declaration and judgment, in order to sell the same under execution by filing a deed for the land with the clerk under O.C.G.A. § 44-14-321. Coleman v. Slade & Etheridge, 75 Ga. 61 (1885).

Where land is sold subject to prior security title, the vendor may claim a lien on surplus of proceeds of sale at the instance of the holder of such title. Hinton v. Burns, 20 Ga. App. 467, 93 S.E. 120 (1917).

A purchase-money security deed operates as an absolute conveyance of title until the secured indebtedness is fully paid. It generally takes precedence over simultaneous or prior liens against the purchaser, but not prior liens against the property. Connolly v. State, 199 Ga. App. 887, 406 S.E.2d 222 (1991).

Lien for purchase money is prior to secret equity of vendee's spouse. Connally v. Cruger, 40 Ga. 259 (1869).

A divorce decree did not create a lien superior to the claims of judgment creditors because the decree did not award a lump support payment or create a lien in favor of the children. Dee v. Sweet, 224 Ga. App. 285, 480 S.E.2d 316 (1997).

Cited in Davidson v. Smith Canadian Peat, Inc., 163 Ga. App. 367, 294 S.E.2d 582 (1982).

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, §§ 404, 405.

24A Am. Jur. Pleading and Practice Forms, Vendor and Purchaser, § 3.

C.J.S.

- 50 C.J.S., Judgments, § 584 et seq. 53 C.J.S., Liens, § 33 et seq.

ALR.

- Priority as between judgments of different dates as regards lien on subsequently acquired property, 67 A.L.R. 1301.

Different classes of "vendors' lien," so-called, upon real property, 91 A.L.R. 148.

Remedy for enforcement of judgment lien after death of judgment debtor, 114 A.L.R. 1165.

Creation of homestead right in real estate as affecting previous mortgage, trust deed, or purchase money or vendor's license, 123 A.L.R. 427.

Real estate broker's rights and remedies in respect of property or proceeds for payment or security of his compensation, 125 A.L.R. 921.

Issuance or levy of execution as extending period of judgment lien, 77 A.L.R.2d 1064.

Specific performance of land contract notwithstanding failure of vendee to make required payments on time, 55 A.L.R.3d 10.