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2018 Georgia Code 44-14-514 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.

ARTICLE 8 LIENS

44-14-514. Liens of laborers at mills and similar establishments.

Laborers in mills and other establishments mentioned in Code Section 44-14-513 shall have the same lien as is provided for laborers in Code Sections 44-14-380 and 44-14-381.

(Ga. L. 1873, p. 42, § 11; Code 1873, § 1984; Code 1882, § 1984; Civil Code 1895, § 2808; Civil Code 1910, § 3357; Code 1933, § 67-2205.)

JUDICIAL DECISIONS

Sawmills treated as personalty.

- All sawmills, whether they be in fact fixtures or not, are treated as personalty under O.C.G.A. § 44-14-514. Empire Lumber Co. v. Kiser & Co., 91 Ga. 643, 17 S.E. 972 (1893).

Plaintiff in execution has burden of proof.

- Possession by the lienholder is proper, and this being true, and if there is no contradiction thereof by the claimant, the plaintiff in execution carries the burden of proof to show either title or possession of defendant in execution. Jones v. Major, 83 Ga. App. 78, 62 S.E.2d 729 (1950).

Enforcement by laborer at sawmill.

- A laborer employed about a sawmill with the knowledge of the owner of lumber may enforce a lien under O.C.G.A. § 44-14-514 against the lumber although the laborer is employed by the proprietor of the sawmill. McCook v. Brown, 28 Ga. App. 525, 112 S.E. 151 (1922).

No lien where owner rents facilities and labor to another.

- The proprietor of a sawmill who contracts to saw timber and to furnish for that purpose a mill and a fireman at a stipulated price per day, such price to cover the rent of the mill as well as the proprietor's own labor and the labor of the fireman, does not acquire, a lien under O.C.G.A. § 44-14-514. Jones v. Newsome, 27 Ga. App. 386, 108 S.E. 558 (1921).

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