Section 44-14-550 procedure must be complied with.

- Where lessor did not follow the requisite procedure for assertion of liens in O.C.G.A. § 44-14-550, no lien arose under O.C.G.A. § 44-14-340. Jarrell v. Collins, 176 Ga. App. 368, 336 S.E.2d 305 (1985).

Jury trial.

- There was no right to a jury trial in an action under the Georgia Crop Lien Foreclosure Statute; a foreclosure judgment in excess of the value of the crop was void and was vacated. Bitt Int'l Co. v. Fletcher, 259 Ga. App. 406, 577 S.E.2d 276 (2003).

Cited in McBride v. Sconyers, 46 Ga. App. 235, 167 S.E. 309 (1933); Flynt v. Barrett, 73 Ga. App. 396, 36 S.E.2d 868 (1946); Goss v. Toney, 184 F.2d 918 (5th Cir. 1950).

Relation of landlord must exist.

- For one to have a lien as landlord for supplies, without special contract in writing, the relation of landlord must exist and that it did exist must appear in the affidavit of foreclosure. Eve v. Crowder, 59 Ga. 799 (1877).

Tenant need not actually possess realty before advancement.

- Where one person rents to another land upon which to make a crop, the contract raises the relation of landlord and tenant between them, within the meaning of O.C.G.A. § 44-14-340. It is not essential that the tenant should enter into actual possession of the premises before the advancement is made. Johnson v. McDaniel, 138 Ga. 203, 75 S.E. 101 (1912); Lowe & Pittard v. Warbington, 144 Ga. 181, 86 S.E. 537 (1915).

Subtenant substitutes for tenant as to liability for lien.

- When a landlord accepts a subtenant as the tenant, the subtenant becomes the substitute of the original tenant to such an extent that the lien of the landlord for supplies furnished the tenant to aid in making the crop cannot be defeated as to the particular crop by a contract of subrenting to which the landlord has not consented. Nash v. Orr, 9 Ga. App. 33, 70 S.E. 194 (1911).

Tenant may be landlord to a subtenant so as to have a lien under O.C.G.A. § 44-14-340. Strickland v. Stiles, 107 Ga. 308, 33 S.E. 85 (1899).

Landlord must furnish supplies as landlord.

- In order for a landlord to have a lien upon a tenant's crop for supplies, under O.C.G.A. § 44-14-340 the landlord must furnish the articles as landlord. Scott v. Pound, 61 Ga. 579 (1878); Swann v. Morris, 83 Ga. 143, 9 S.E. 767 (1889).

Landlord has no lien for items given as agent.

- Landlord has no lien for articles furnished in capacity as a mere agent for another. Henderson v. Hughes, 4 Ga. App. 52, 60 S.E. 813 (1908).

Trustee, as landlord, may foreclose a lien in the trustee's own name under O.C.G.A. § 44-14-340 though the land belongs to another person. Fargason v. Ford, 119 Ga. 343, 46 S.E. 431 (1904).

Landlord has right to lien although agent supplies tenant.

- Landlord is entitled to a lien for supplies where, at the request or with the consent of the tenant, the landlord directs the furnishing of supplies to the tenant by an agent and assumes sole liability for the debt thus created. Henderson v. Hughes, 4 Ga. App. 52, 60 S.E. 813 (1908).

When no lien arises.

- Landlord has no lien for supplies furnished to aid in making a crop, if they are furnished by another, or if they are furnished without the tenant's consent, or the debt is assumed by the landlord without the tenant's consent. Henderson v. Hughes, 4 Ga. App. 52, 60 S.E. 813 (1908).

No lien when landlord merely provides money for supplies already in use.

- Landlord has no lien for supplies, where the supplies are furnished to the tenant by a third person on the tenant's credit, and the mere furnishing of the money, three or four weeks thereafter, by the landlord to enable the tenant to pay promptly for the fertilizer already purchased and partly used is not necessary to make the crop. Landers v. Touchstone, 27 Ga. App. 310, 108 S.E. 125 (1921).

No lien if landlord merely surety.

- In order for a landlord to have a lien upon a tenant's crop for supplies, etc., the landlord must furnish the articles, and not merely become the tenant's surety for the price to some other person by whom they are sold to the tenant. Scott v. Pound, 61 Ga. 579 (1878); Swann v. Morris, 83 Ga. 143, 9 S.E. 767 (1889); Brimberry v. Mansfield, 86 Ga. 792, 13 S.E. 132 (1891); Rodgers v. Black, 99 Ga. 139, 25 S.E. 23 (1896).

For example of case with landlord surety see O'Quinn v. Carter, 34 Ga. App. 310, 129 S.E. 296 (1925).

No lien if only one of two recipients is tenant.

- Where supplies are furnished to two parties to make a crop, but only one is a tenant, no lien arises under O.C.G.A. § 44-14-340. Saterfield v. Moore, 110 Ga. 514, 35 S.E. 638 (1900).

No lien if landlord without notice substitutes partnership for original tenant.

- Landlord who rents to an individual and stipulates to furnish that person board, but afterwards accepts a partnership, of which the first tenant is a member, as tenant in lieu of the original tenancy, has no lien upon the crop made by the partnership for the board of the original tenant, the partnership having made no stipulation as to such board, and the new partner not knowing of any contract relating thereto. Reynolds v. Hindman, 88 Ga. 314, 14 S.E. 471 (1891).

Cropper is not a tenant and there is therefore no lien under O.C.G.A. § 44-14-340 for supplies furnished to a cropper. Fields v. Argo, 103 Ga. 387, 30 S.E. 29 (1898).

Definition of "supplies."

- In foreclosing a lien under O.C.G.A. § 44-14-340 a landlord has the right to include any instrumentality necessary to make a crop, which was furnished by the landlord and used by the tenant, and which was essential to the creation and cultivation of the crop. Boyce v. Day, 3 Ga. App. 275, 59 S.E. 930 (1907).

The term "supplies" includes money furnished by the landlord and used by the tenant in making and gathering the crops. Strickland v. Stiles, 107 Ga. 308, 33 S.E. 85 (1899).

Test of whether articles subject to lien.

- The means employed by the tenant to obtain such things as are necessary to produce the crop are immaterial. The essential questions to be answered are: whether the articles furnished to the tenant by the landlord personally, whether the articles furnished by the landlord used in making the crop and whether the use of the articles were supplied were essentially necessary to the making of the crop in question. Boyce v. Day, 3 Ga. App. 275, 59 S.E. 930 (1907).

Lien possible for board.

- Board furnished to the tenant under the rent contract whereby the tenant agrees that the landlord shall have a lien on the tenant's crop of board, is within O.C.G.A. § 44-14-340. Jones v. Eubanks, 86 Ga. 616, 12 S.E. 1065 (1891). See also, Reynolds v. Hindman, 88 Ga. 314, 14 S.E. 471 (1891).

Tenant need not use supplies to make crop.

- In the foreclosure of a landlord's lien for supplies, it is not necessary to prove that the supplies furnished were actually used in making the crop. To create the lien it is sufficient that the supplies were actually furnished, and that the landlord understood and intended that they should be used to aid in making the crop. Nash v. Orr, 9 Ga. App. 33, 70 S.E. 194 (1911); Buxton v. Hickman, 18 Ga. App. 260, 89 S.E. 380 (1916).

Lien arises by operation of law.

- Landlord's lien for supplies arises by virtue of O.C.G.A. § 44-14-340 when the supplies are furnished, but such lien cannot be asserted against the tenant's crop except by foreclosure. W.A. Lathem & Sons v. Stringer, 17 Ga. App. 585, 87 S.E. 840 (1916); W.A. Lathem & Sons v. Stringer, 145 Ga. 224, 88 S.E. 941 (1916); Hawkins v. Smith, 24 Ga. App. 464, 101 S.E. 311 (1919); Moseman v. Comer, 160 Ga. 106, 127 S.E. 406 (1925); Turner v. Sitton, 160 Ga. 215, 127 S.E. 847 (1925).

Lien resembles purchase money claim.

- Under O.C.G.A. § 44-14-340, landlords furnishing supplies to their tenants for the purpose of making crops on the rented premises have a lien, by operation of law, on the crops there made in the year for which the supplies were furnished and such a lien is in the nature of a claim for purchase money. Mutual Fertilizer Co. v. Moultrie Banking Co., 36 Ga. App. 322, 136 S.E. 803 (1927).

Time lien attaches.

- Lien of a materialman on real estate, under O.C.G.A. § 44-14-340, when created and declared as required by O.C.G.A. § 44-14-362, attaches from the time the materialman commences, under the contract, to deliver material, and takes priority over title acquired with actual notice of the materialman's claim of lien by a subsequent grantee from the owner of real estate to secure debts, although the deed is executed and recorded before the completion of the contract of the materialman to furnish material, before the claim of lien is recorded, and before the commencement 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).

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).

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); In re Harper, 294 F. 899 (N.D. Ga. 1924).

For example of lien not affected by bankruptcy. Sitton v. Turner, 34 Ga. App. 12, 128 S.E. 77 (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).

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).

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).

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).

"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).

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).

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).

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).

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).

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).

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).

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).

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 (N.D. Ga. 1924). But see Moseman v. Comer, 160 Ga. 106, 127 S.E. 406 (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. § 44-14-340(3). Harmon v. Earwood, 29 Ga. App. 399, 115 S.E. 502 (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).

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, §§ 793-877, 810-812.

C.J.S.

- 52 C.J.S., Landlord and Tenant, § 624.

ALR.

- Priority as between landlord's lien on chattels and chattel mortgage, 52 A.L.R. 935.

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

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

False statement as to existing encumbrance on chattel in obtaining loan or credit as criminal false pretense, 53 A.L.R.2d 1215.

Secured transactions: priority as between statutory landlord's lien and security interest perfected in accordance with Uniform Commercial Code, 99 A.L.R.3d 1006.