Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448A person who has given a lien under Code Section 44-14-340 or any other lien shall, when giving a new lien under the Code section on the same property to another person, inform such person, if questioned as to the facts, of the amount of such prior lien and to whom it was given. Any person who gives false information as to such facts shall be guilty of a misdemeanor.
(Ga. L. 1873, p. 42, § 6; Code 1873, § 1978; Ga. L. 1875, p. 20, § 1; Ga. L. 1878-79, p. 47, § 1; Ga. L. 1880-81, p. 63, § 1; Code 1882, § 1978; Ga. L. 1890-91, p. 72, § 1; Ga. L. 1895, p. 25, § 1; Penal Code 1895, § 668; Penal Code 1910, § 713; Code 1933, § 61-9901.)
O.C.G.A. § 44-14-346 is designed solely for the protection of landlords' liens. Jacobs v. State, 4 Ga. App. 509, 61 S.E. 924 (1908).
O.C.G.A. § 44-14-346 does not apply to voluntary statements without solicitation or interrogation. Williams v. State, 13 Ga. App. 338, 79 S.E. 207 (1913).
Obtaining money on recorded mortgage or bill of sale by false statements may violate O.C.G.A. § 44-14-346. Brown v. State, 6 Ga. App. 329, 64 S.E. 1001 (1909).
- There is, in this state, a law against cheating and swindling, and a person of reasonable prudence, in giving a second security deed, might wish it stated for that person's protection that a prior security deed or mortgage was in existence, and that the other party so understood. Persons have been convicted in this state for fraudulently misrepresenting the condition of their title. Federal Land Bank v. Bank of Lenox, 192 Ga. 543, 16 S.E.2d 9 (1941).
For example of case dealing with sufficiency of indictment and accusation, see Jacobs v. State, 4 Ga. App. 509, 61 S.E. 924 (1908).
- 51 Am. Jur. 2d, Liens, §§ 52, 53 et seq.
No results found for Georgia Code 44-14-346.