Corley-Powell Produce Co. v. Allen

Bell, 'J.

1. The general lien of a landlord for rent dates from the time • of the levy of a distress warrant to enforce the same, and, as to the particular property seized, is not divested by the filing by the tenant of a counter-affidavit, where the tenant files neither a forthcoming nor a replevy bond and the property remains in the custody of the levying officer (Civil Code of 1910, § 5391; Ga. L. 1920, p. 147); and where the issue thus made results in a verdict and judgment in favor of the plaintiff landlord, the lien thereof as to the property seized or funds derived from a sale thereof…