Legal Opinion

Hawkins v. Smith

Court of Appeals of Georgia

Decided November 19, 1919No. 10490Published

Money rule; from city court of Floyd county—Judge Nunnally. February 24, 1919.

1Opinion of the Court

Stars:, J.

A landlord’s lien for supplies arises by virtue of the statute when the, supplies are furnished (Cochran v. Waits, 127 Ga. 93 (56 S. E. 241); Civil Code (1910), §§ 3340, 3341, 3348, par. 1), but such lien cannot be assorted against the tenant’s crop except-by foreclosure. Lathem v. Stringer, 145 Ga. 224 (88 S. E. 941); Duncan v. Clark, 96 Ga. 263 (22 S. E. 927). In the instant case the landlord had not foreclosed his lien when the tenant’s crops were sold, and therefore his lien was not in a position to be asserted, in the absence of sufficient equitable reasons.. Realizing that he…

2Cases cited5 opinions

  1. Duncan v. ClarkSupreme Court of Georgia · 1895
  2. Cochran v. Waits, Johnson & Co.Supreme Court of Georgia · 1906
  3. Moore v. Brown, Bradbury & Catlett Furniture Co.Supreme Court of Georgia · 1899
  4. Hattaway & Rambo v. SanderlinSupreme Court of Georgia · 1916
  5. Lathem & Sons v. StringerSupreme Court of Georgia · 1916

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