O.C.G.A. § 44-14-515 (2019)

Annotations

JUDICIAL DECISIONS O.C.G.A. § 44-14-515 is in derogation of the common law, and therefore is to be strictly construed. Joseph Hull & Co. v. Anderson Lumber Co., 17 Ga. App. 40, 86 S.E. 257, 1915 Ga. App. LEXIS 245 (1915). Lien unaffected by employment of laborers to do work. - O.C.G.A. § 4414-515 creates a lien against property of the kind specified in it, although the person claiming the lien may have employed

laborers to do the actual physical work incident to the hauling. Bruton & Wade v. Beasley, 135 Ga. 412, 69 S.E. 561, 1910 Ga. LEXIS 559 (1910). Sawmill as personalty. - All sawmills, whether they be in fact fixtures or not, are treated as personalty under O.C.G.A. § 44-14-515. Empire Lumber Co. v. Kiser & Co., 91 Ga. 643, 17 S.E. 972, 1893 Ga. LEXIS 298 (1893). Sash and door factory is not a saw-

mill within O.C.G.A. § 44-14-515. In re Gosch, 121 F. 604, 1903 U.S. Dist. LEXIS 339 (D. Ga. 1903). Parts of mill included in definition. - The word “mill,” comprehends all engines, boilers, machinery of every kind, and all hardware, implements, tools, etc., connected with and used, or proper for use, in the mill establishment. Empire Lumber Co. v. Kiser & Co., 91 Ga. 643, 17 S.E. 972, 1893 Ga. LEXIS 298 (1893). “Mill” does not include detached personalty. - O.C.G.A. § 44-14-515 does not provide for a lien on any property except sawmills and their products. The word sawmill “does not include any detached personalty such as vehicles, draft animals, etc.” Empire Lumber Co. v. Kiser & Co., 91 Ga. 643, 17 S.E. 972, 1893 Ga. LEXIS 298 (1893); Joseph Hull & Co. v. Anderson Lumber Co., 17 Ga. App. 40, 86 S.E. 257, 1915 Ga. App. LEXIS 245 (1915). Provider of feed for mill mules entitled to lien. - One who furnishes a sawmill with corn, oats, hay, bran, etc., with which to feed the mules of the owner of the mill used in carrying on the work thereof, has a lien under O.C.G.A. § 4414-515. Empire Lumber Co. v. Kiser & Co., 91 Ga. 643, 17 S.E. 972, 1893 Ga. LEXIS 298 (1893). Provider of oil can maintain lien, but not provider of tools. - One who furnishes tools, etc., not ejusdem generis with timber, logs, and provisions is not entitled to a lien under O.C.G.A. § 44-14515, but oil is included in the word provisions. Balkcom v. Empire Lumber Co., 91 Ga. 651, 17 S.E. 1020, 1893 Ga. LEXIS 299 (1893); Filer & Stowell Co. v. Empire Lumber Co., 91 Ga. 657, 18 S.E. 359, 1893 Ga. LEXIS 300 (1893). Possessor of land under bond for title who furnishes sawmill with logs cut from the land may foreclose the lien; and the fact that the owner of the sawmill has paid the purchase price of the logs to the holder of the legal title to the land, affords no defense to the foreclosure of the lien. Guin v. Hilton & Dodge Lumber Co., 6 Ga. App. 484, 65 S.E. 330, 1909 Ga. App. LEXIS 348 (1909). Seller of uncut trees not entitled to lien. - It is not intended by O.C.G.A. § 44-14-515 to give a lien to the vendor of

standing trees, though sold to be severed from the realty by the purchaser and converted into timber or logs for the mill. Giles v. Gano, 102 Ga. 593, 27 S.E. 730, 1897 Ga. LEXIS 650 (1897); Balkcom v. Empire Lumber Co., 91 Ga. 651, 17 S.E. 1020, 1893 Ga. LEXIS 299 (1893); Loud & Beugnot v. Pritchett & Co., 104 Ga. 648, 30 S.E. 870, 1898 Ga. LEXIS 389 (1898); Ray v. Schmidt & Co., 7 Ga. App. 380, 66 S.E. 1035, 1910 Ga. App. LEXIS 302 (1910). Lien provided for by O.C.G.A. § 44-14515 applies to timber or logs that have been severed from the soil, and does not apply to standing trees, although sold to the purchaser to be severed from the soil and converted into lumber for the sawmill. Davis v. Cox, 13 Ga. App. 509, 79 S.E. 383, 1913 Ga. App. LEXIS 243 (1913). Lien given under O.C.G.A. § 44-14-515 to persons who furnish sawmills with “timber and logs” applies to such timber and logs as have been severed from the soil by human agency. It is not intended by O.C.G.A. § 44-14-515 to give a lien to the vendor of standing trees, though sold to be severed from the realty by the purchaser and converted into timber or logs for the mill. Walraven v. DeFoor, 89 Ga. App. 479, 79 S.E.2d 585, 1954 Ga. App. LEXIS 488 (1954). No lien for cutter and hauler of miller’s logs. - There is no lien under O.C.G.A. § 44-14-515 for cutting timber belonging to the mill owner and for hauling and delivering the logs at the mill, this work not being embraced in the terms “furnishing sawmills with timber, logs,” etc. Balkcom v. Empire Lumber Co., 91 Ga. 651, 17 S.E. 1020, 1893 Ga. LEXIS 299 (1893). One who merely cuts and hauls logs to a sawmill, and claims no title to such timber, cannot enforce a lien for furnishing supplies to a sawmill. Trapp v. Watters, 6 Ga. App. 480, 65 S.E. 306, 1909 Ga. App. LEXIS 346 (1909); Cook v. Bowden, 32 Ga. App. 500, 124 S.E. 61, 1924 Ga. App. LEXIS 502 (1924). No lien for furnisher of family supplies. - No lien arises against a sawmill from furnishing to the owner of the mill family supplies. Slappey v. Charles, 7 Ga. App. 796, 68 S.E. 308, 1910 Ga. App. LEXIS 525 (1910).

No lien for money lender. - Creditors furnishing money to sawmills have no lien thereon under O.C.G.A. § 44-14-515. Dart v. Mayhew & Co., 60 Ga. 104, 1878 Ga. LEXIS 383 (1878); Slappey v. Charles, 7 Ga. App. 796, 68 S.E. 308, 1910 Ga. App. LEXIS 525 (1910). Lien does not attach against third party to supply contract. - Lien under O.C.G.A. § 44-14-515 will not attach as against the title of a third person who is an entire stranger to the contract under which the supplies are furnished. McCrimmon v. National Bank, 25 Ga. App. 825, 105 S.E. 44, 1920 Ga. App. LEXIS 230 (1920); Tallent v. Hunter, 32 Ga. App. 656, 124 S.E. 361, 1924 Ga. App. LEXIS 581 (1924). Supply lien does not defeat recorded contract of sale. - Claim based on a duly executed and recorded contract of sale reserving title in the claimant cannot be defeated by a lien for necessary supplies furnished a sawmill under O.C.G.A. § 44-14-515. Tift & Peed v. Moultrie Lumber Co., 1 Ga. App. 608, 57 S.E. 1053, 1907 Ga. App. LEXIS 50 (1907). Absent notice, purchase-money mortgage not superior to lien for supplies. - The lien of a mortgage given to secure the purchase-money of a sawmill is not one of the liens enumerated in O.C.G.A. § 44-14-515 as superior to the lien for articles furnished sawmills, unless the holder of the latter lien has actual notice of the existence of the same before the holder’s debt is created. Bradley v. Cassels, 117 Ga. 517, 43 S.E. 857, 1903 Ga. LEXIS 280 (1903). Agency not created by payments from timber owner to keep mill from closing. - Direct periodic payments by

the owner of the timber of wages to the laborers at the sawmill made to prevent a shutting down of the mill and advances in money made to the person operating the mill are not such acts as would authorize any one dealing with the person operating the mill to infer that the latter was acting as agent for the owner of the lumber. Tallent v. Hunter, 32 Ga. App. 656, 124 S.E. 361, 1924 Ga. App. LEXIS 581 (1924). Owner estopped by representations that supplies are for mill. - When the owner in giving orders for articles represents to the seller that they are wanted as supplies for the owner’s sawmill the owner will be estopped by the representation, and cannot set up in resistance to the lien claimed that some of the provisions were not in fact so applied. Empire Lumber Co. v. Kiser & Co., 91 Ga. 643, 17 S.E. 972, 1893 Ga. LEXIS 298 (1893). Sufficiency of allegations in affidavit to foreclose lien. - An affidavit to foreclose a lien, under O.C.G.A. § 44-14515 which alleged that provisions, etc., were furnished “to the sawmill of” B. instead of to B., is sufficient. Bennett & Co. v. Gray, 82 Ga. 592, 9 S.E. 469, 1889 Ga. LEXIS 302 (1889). Plaintiff in execution must show defendant in execution has title or possession. - Possession by the lienholder is proper, and 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 Ga. App. LEXIS 1031 (1950).

RESEARCH REFERENCES ALR. Priority of lien of sales or consumers’ tax, 136 A.L.R. 1015.