Smith v. Youngblood

1. A landlord’s rent lien on crops raised on the rented premises is in the nature of purchase-money, and is superior to a homestead exemption set apart out of the crops. See Shirling v. Kennon, 119 Ga. 501 (46 S. E. 630), and cases there cited.

(а) In order, however, to effect a valid levy upon such crops under an ordinary‘distress warrant, it is essential that it first appear that the crops were raised on the premises, and that the affidavit provided for in Civil Code (1910)) § 3400, be of file. See Davis v. Jones, 95 Ga. 788-790 (23 S. E. 59).

(б) The failure to file such an affidavit is not…