O.C.G.A. § 44-14-341 (2019)

Annotations

JUDICIAL DECISIONS O.C.G.A. § 44-14-341 does not vest title, but only a lien, special for the rent of the land that made the crop, good from its maturity, but general in respect to other rent, and good only from levy. Worrill v. Barnes, 57 Ga. 404, 1876 Ga. LEXIS 132 (1876). One-year statute of limitations inapplicable to landlord rent liens. - Limitation of one year in O.C.G.A. § 4414-550(8) does not apply to the prosecution and enforcement by distress warrant of a special or general claim or demand by a landlord for rent. Only the general statutes of limitation apply as to the enforcement of such demands. Jones v. Blackwelder, 16 Ga. App. 345, 85 S.E. 356, 1915 Ga. App. LEXIS 620 (1915). Landlord’s crop lien has priority over laborer’s lien absent contrary accord. - A landlord’s lien has priority on the proceeds of crops grown on rented premises over a laborer’s lien on the same unless there be some conflicting agreement such as might operate to interfere with the general rule. Nelson v. Fuqua, 46

Ga. App. 754, 169 S.E. 206, 1933 Ga. App. LEXIS 230 (1933). Point when landlord’s lien takes precedence. - A lien resulting from a judgment in favor of the plaintiff landlord, relates back to the date of the levy and will take precedence over a common-law judgment rendered subsequently to such levy, but before the final verdict and judgment in the distress warrant proceeding. Corley-Powell Produce Co. v. Allen, 42 Ga. App. 641, 157 S.E. 251, 1931 Ga. App. LEXIS 82 (1931). Point when rent distress warrant lien becomes effective. - The lien of the distress warrant for rent becomes effective and binding on a bale of cotton when a distress warrant is levied thereon, provided the claimant bona fide purchaser had not brought the cotton before the levy was made. Atchison v. Taliaferro County, 65 Ga. App. 177, 15 S.E.2d 534, 1941 Ga. App. LEXIS 288 (1941). General lien given by O.C.G.A. § 4414-341 dates from levy of distress warrant to enforce the same. Prior to levy it

covers no specific property, and attaches only to what is seized under the distress warrant issued to enforce the lien given by statute. But in this respect it is the full equivalent of a common-law distress. Henderson v. Mayer, 225 U.S. 631, 32 S. Ct. 699, 56 L. Ed. 1233, 1912 U.S. LEXIS 2110 (1912); Oglethorpe Sav. & Trust Co. v. Morgan, 149 Ga. 787, 102 S.E. 528, 1920 Ga. LEXIS 406 (1920). Tenant’s discharge in bankruptcy does not affect rent lien. - A landlord’s lien for rent, whether the special lien upon the crops grown on the rented premises which is created by O.C.G.A. § 44-14-341, or the general lien which arises upon the levy of a distress warrant, is not a lien created by judgment or one “obtained through legal proceedings,” and is therefore not discharged by the filing of a petition for the tenant’s discharge in bankruptcy, although within four months of the creation of the lien. In re Burns, 175 F. 633, 1909 U.S. Dist. LEXIS 70 (D. Ga. 1909), aff’d, Henderson v. Mayer, 225 U.S. 631, 32 S. Ct. 699, 56 L. Ed. 1233, 1912 U.S. LEXIS 2110 (1912); Henderson v. Mayer, 225 U.S. 631, 32 S. Ct. 699, 56 L. Ed. 1233, 1912 U.S. LEXIS 2110 (1912); White v. Idelson, 38 Ga. App. 612, 144 S.E. 802, 1928 Ga. App. LEXIS 357 (1928). General lien of a landlord for rent, given by O.C.G.A. § 44-14-341, is not created by judgment, nor obtained through legal proceedings, although the levy may be made within four months of the filing of the petition in bankruptcy against the tenant. Henderson v. Mayer, 225 U.S. 631, 32 S. Ct. 699, 56 L. Ed. 1233, 1912 U.S. LEXIS 2110 (1912). Statutory landlord lien possible even when landlord has only lien for rent and additional security. - Where a landlord does not have absolute title to the crops, but the tenant does have an interest in the crops which are subject to the landlord’s lien for rent, and the landlord takes additional security to secure the payment of rental, this does not prevent their statutory landlord’s lien from coming into existence or destroy its integrity. Goss v. Toney, 184 F.2d 918, 1950 U.S. App. LEXIS 4244 (5th Cir. 1950). When general landlord lien supersedes general creditor’s judgment. - Where a general landlord lien was in existence at the time a creditors’ petition

was filed, although it then may have been inchoate, requiring levy of a distress warrant to perfect it, yet where it was afterwards so perfected before the rendition of judgment in favor of general creditors, it would be entitled to priority over such judgment. J.B. Withers Cigar Co. v. Kirkpatrick, 196 Ga. 41, 26 S.E.2d 255, 1943 Ga. LEXIS 316 (1943). General lien not voided by creditor’s action. - The general lien of a landlord exists by virtue of statute as applied to relationship, and is not destroyed or vacated by the institution of a creditors’ action under the insolvent traders law. J.B. Withers Cigar Co. v. Kirkpatrick, 196 Ga. 41, 26 S.E.2d 255, 1943 Ga. LEXIS 316 (1943). General landlord’s lien perfected by distress warrant. - While it is declared in O.C.G.A. § 44-14-341 that the general lien of a landlord shall date from the levy of a distress warrant, the lien is not created by any judicial proceeding, but arises by operation of law as applied to relationship, and needs only to be perfected by issuance and levy of a distress warrant. J.B. Withers Cigar Co. v. Kirkpatrick, 196 Ga. 41, 26 S.E.2d 255, 1943 Ga. LEXIS 316 (1943). Alleged “assignee of rents” was not a landlord at the time crops were sought to be distrained, and had no standing to assert the lien provided by O.C.G.A. § 4414-341. South Cent. Farm Credit v. V.T. Properties, Inc., 208 Ga. App. 296, 430 S.E.2d 645, 1993 Ga. App. LEXIS 515 (1993), cert. denied, No. S93C1147, 1993 Ga. LEXIS 777 (Ga. July 15, 1993). Effect of assignment of rent contract where consideration fails. - An assignment before maturity of a written contract for rent does not operate to raise in favor of the assignee the general lien given to landlords, when it appears that before the levy of a distress warrant in favor of the transferee the consideration of such contract had entirely failed. Garner v. Douglasville Banking Co., 136 Ga. 310, 71 S.E. 478, 1911 Ga. LEXIS 527 (1911). Levy is not necessary in order to fix landlord’s special lien upon a crop for rent. Cochran v. Waits, Johnson & Co., 127 Ga. 93, 56 S.E. 241, 1906 Ga. LEXIS 747 (1906); W.A. Lathem & Sons v. Stringer,

17 Ga. App. 585, 87 S.E. 840, 1916 Ga. App. LEXIS 801 (1916); I.M. Scott & Co. v. Ward, 21 Ga. App. 535, 94 S.E. 863, 1918 Ga. App. LEXIS 392 (1918). Landlord may elect to enforce either lien or both in one distress warrant. McDougal v. Sanders, 75 Ga. 140, 1885 Ga. LEXIS 84 (1885). Landlord’s special lien attaches to whole crop. Daniel v. Harris, 84 Ga. 479, 10 S.E. 1013, 1889 Ga. LEXIS 356 (1889); Manley v. Underwood, 27 Ga. App. 822, 110 S.E. 49, 1921 Ga. App. LEXIS 454 (1921). Lien attaches to crop of subtenant. - Under O.C.G.A. § 44-14-341 the crops raised on rented land by a subtenant, can be lawfully subjected to the payment of the rent contracted for by the original tenant. Alston v. Wilson, 64 Ga. 482, 1880 Ga. LEXIS 329 (1880); Hudson v. Stewart, 110 Ga. 37, 35 S.E. 178, 1900 Ga. LEXIS 319 (1900). No necessity for demand in special lien. - In order to enforce the special lien

of a landlord, the rent must be due, but a demand for the payment thereof is not required. Colclough & Co. v. Mathis, 79 Ga. 394, 4 S.E. 762, 1887 Ga. LEXIS 236 (1887). Purchaser without notice protected against rent liens. - A bona fide purchaser, without notice, of a crop grown on rented premises will be protected against the lien, general or special, of the landlord for rent. Thornton v. Carver, 80 Ga. 397, 6 S.E. 915, 1888 Ga. LEXIS 148 (1888); Collins v. Harrison, 24 Ga. App. 404, 100 S.E. 794, 1919 Ga. App. LEXIS 689 (1919); Chason v. O’Neal, 158 Ga. 725, 124 S.E. 519, 1924 Ga. LEXIS 332 (1924); McCommons-Thompson-Boswell Co. v. White, 33 Ga. App. 20, 125 S.E. 76, 1924 Ga. App. LEXIS 679 (1924). Purchaser of the land acquires landlord’s interest in crops in cases where the land is rented to a tenant. Evans v. Looney, 86 Ga. App. 79, 70 S.E.2d 801, 1952 Ga. App. LEXIS 880 (1952).

RESEARCH REFERENCES Am. Jur. 2d. 49 Am. Jur. 2d, Landlord and Tenant, §§ 791, 844. C.J.S. 52 C.J.S., Landlord and Tenant, § 631. 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. Landlord’s lien for rent as including taxes or other expenditures which tenant has agreed to pay or make, 99 A.L.R. 1104. Priority of lien of sales or consumers’ tax, 136 A.L.R. 1015. Construction and application of provi-

sion in lease under which landlord is to receive percentage of lessee’s profits or receipts, 38 A.L.R.2d 1113; 58 A.L.R.3d 384. Application of statutory landlord’s lien to property of third person used by tenant on rented premises, 95 A.L.R.3d 1205. 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. Landlord’s remedy by way of distress or lien on defaulting tenant’s property on leased premises as including right to collect for all unpaid utility expenses, 99 A.L.R.3d 1100.