Section has no extraterritorial effect.

- O.C.G.A. §§ 44-14-320,44-14-380, and44-14-382 give to laborers a general lien upon the property of their employers for labor performed, have no extraterritorial effect, and give no lien arising out of a contract for labor, made in another state and executed by labor performed therein. Downs v. Bedford, 39 Ga. App. 155, 146 S.E. 514 (1929).

Bona fide purchaser prevails.

- A bona fide purchase of personalty in payment of an antecedent debt, before the property was seized under the levy of a laborer's general lien, will prevail over such lien. F & M Bank v. Redden, 17 Ga. App. 473, 87 S.E. 701 (1916).

Laborer's lien prevails over prior general rent lien.

- O.C.G.A. § 44-14-382 does not, where the laborer's lien is not reduced to execution and levy until after the creation of a landlord's general lien for rent, deny to the laborer's general lien its superior dignity to the landlord's general lien for rent. That section merely denies to a laborer's lien its superiority as against a bona fide purchaser before the lien has been reduced to execution and levy. Little v. Walters, 40 Ga. App. 447, 150 S.E. 201 (1929).

Completion must be alleged in affidavit.

- An affidavit to foreclose a laborer's lien must show affirmatively that the contract of labor has been completed. Brantley v. Rayburn, 61 Ga. 211 (1878); McDonald v. Night, 63 Ga. 161 (1879); Harvey v. Lewis, 19 Ga. App. 655, 91 S.E. 1052 (1917).

Payment presumed due when contract completed absent contrary agreement or custom.

- Where a contract involving goods and services is involved, and no stipulation to the contrary is included therein, and no custom to the contrary proved in evidence, payment will be presumed due when the contract is completed. Luckie v. Max Wright, Inc., 90 Ga. App. 243, 82 S.E.2d 660 (1954).

No right to enforce lien absent sufficient reason for not completing contract.

- One is not entitled to enforce a laborer's lien unless the laborer is for sufficient legal reason prevented from carrying out the contract. Payne v. Norris, 88 Ga. App. 850, 78 S.E.2d 351 (1953).

Completion prevented by other party.

- While, ordinarily, before a laborer's lien can be foreclosed, the laborer must have fully completed the contract, yet, where the laborer is prevented from doing so by the other party to the contract, the actual completion of the contract is not necessary. Cluff v. Merchants' & Mechanics' Bank, 40 Ga. App. 299, 149 S.E. 300 (1929).

Where before the end of the year for which a farm laborer is employed, but after the maturity of the crops, the landlord turns the crops over to a third person, a creditor, to be gathered by such third person, it is not necessary for the laborer to wait until the end of the year to foreclose the laborer's lien. Cluff v. Merchants' & Mechanics' Bank, 40 Ga. App. 299, 149 S.E. 300 (1929).

The burden is upon the laborer to show that the labor contract has been completed. Houser v. Cooper, 102 Ga. 823, 30 S.E. 539 (1898).

For example of case where cropper abandoned cultivation. See Payne v. Trammell, 29 Ga. App. 475, 115 S.E. 923 (1923).

Cited in Oglethorpe Sav. & Trust Co. v. Morgan, 149 Ga. 787, 102 S.E. 528 (1920); Malsby & Co. v. Widincamp, 32 Ga. App. 716, 124 S.E. 730 (1924); Gardner v. Smith, 39 Ga. App. 224, 146 S.E. 648 (1929); United States v. Ridley, 120 F. Supp. 530 (N.D. Ga. 1954).

Am. Jur. 2d.

- 51 Am. Jur. 2d, Liens, §§ 9, 11, 12, 22, 23, 68-70, 75.

C.J.S.

- 53 C.J.S., Liens, §§ 4, 14.

ALR.

- Character of service contemplated by statutes giving a lien or preference, in event of insolvency, to servants, employees, laborers, etc., 54 A.L.R. 567; 142 A.L.R. 362.

Right or interest subject to, and priority of, statutory lien for labor or material in developing property for oil and gas, 122 A.L.R. 1182.

ALR.

- Right of a factor, commission merchant, or produce broker to sell property to protect advances, 40 A.L.R. 387.

Other debts or liabilities within contemplation of pledge to secure particular debt and other debts or liabilities to pledgee, 87 A.L.R. 615.

Warehouseman's or bailee's lien on property stored by officer who had seized it under attachment or execution, 95 A.L.R. 1529.