Section gives assignee of debt notes title and lien.

- O.C.G.A. § 44-14-326 says that all transfers and assignments of rent notes, mortgage notes, and other such evidences of indebtedness, shall carry to such transferee or assignee the title to such instrument and also the lien connected therewith, without specially naming or transferring the lien; so that effect of such transfer or assignment will be to completely and fully carry the lien as a necessary incident thereof. Alley v. First Nat'l Bank, 46 Ga. App. 527, 168 S.E. 317 (1933).

Assignee may seek to have judgment made special lien on property.

- Under O.C.G.A. §§ 10-3-1 and44-14-326, transferee of such notes may ask in a court of law, without asking for intervention of equitable principles, that a judgment rendered on such notes be declared to be a special lien on the land or other property which is described in the instrument securing the notes. Alley v. First Nat'l Bank, 46 Ga. App. 527, 168 S.E. 317 (1933).

Transferee has power equal to grantee.

- Where one becomes owner of title conveyed by security deed and of indebtedness secured thereby, and power of sale not expressed in deed as limited to grantee, but having been conferred upon grantee or "assigns," that person is entitled to exercise the power to same extent as grantee. Universal Chain Theatrical Enters., Inc. v. Oldknow, 176 Ga. 492, 168 S.E. 239 (1933).

Cited in Beall v. Patterson, 146 Ga. 233, 91 S.E. 71 (1916); Redwine v. Frizzell, 184 Ga. 230, 190 S.E. 789 (1937); Veal v. Jenkins, 58 Ga. App. 4, 197 S.E. 328 (1938); Alropa Corp. v. Richardson, 58 Ga. App. 656, 199 S.E. 666 (1938); Miller v. New Amsterdam Cas. Co., 105 Ga. App. 174, 123 S.E.2d 717 (1961).

Am. Jur. 2d.

- 6 Am. Jur. 2d, Assignments, § 50.

C.J.S.

- 53 C.J.S., Liens, § 15.

Cross references.

- Landlord and tenant relationship generally, Ch. 7, T. 44.

Law reviews.

- For article, "Distress and Dispossessory Warrants in Georgia," see 12 Ga. B.J. 266 (1950).

ALR.

- Subject matter covered by landlord's statutory lien for rent, 9 A.L.R. 300; 96 A.L.R. 249.

Judicial or execution sale of realty as affecting debtor's share in crops grown by tenant or cropper, 13 A.L.R. 1425; 41 A.L.R. 2d 1355.

Landlord's lien or right of distress on property sold to tenant on conditional sale, 45 A.L.R. 949.

Right as between landlord and conditional seller of property to tenant, 45 A.L.R. 967; 98 A.L.R. 628.

Injunction to prevent tenant in arrears for rent from removing chattels or improvements not constituting fixtures, 53 A.L.R. 294.

Lien on, or trust in respect of, land, as security for repayment of money loaned to the purchaser and used in paying for the property without express agreement for security thereon, 60 A.L.R. 1240.

Statutes in relation to chattel mortgages, as applicable to provisions in lease of real property purporting to give lessor lien on lessee's chattel, 64 A.L.R. 627.

Right of vendee under unrecorded executory land contract as against subsequent deed or mortgage executed by, or judgment rendered against vendor, 87 A.L.R. 1505.

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

Unaccepted tender as affecting lien of real estate mortgage, 93 A.L.R. 12.

Landlord's acceptance of chattel mortgage, or conditional sales contract, as waiver of landlord's lien or reservation of title, 96 A.L.R. 568.

Discharge of mortgage and taking back of new mortgage as affecting lien intervening between old and new mortgages, 98 A.L.R. 843; 43 A.L.R.5th 519.

Return of chattel to seller after delivery to buyer as revical of seller's lien; and its effect upon conditions of enforcing lien, 118 A.L.R. 564.

Interest subject to a homestead right in others as subject to lien of judgment or to attachment or execution, 122 A.L.R. 1150.

Attachment, execution, or recovery of personal judgment as waiver of landlord's lien, 151 A.L.R. 679.