Houser v. Cooper
Houser v. Cooper
Opinion of the Court
R. N. & B. C. Holtzclaw rented certain lands to Elisha Houser for the year .1895. During that year they furnished him with supplies with which to make the crop. At some time during the year Elisha Houser turned over to the Iloltzclaws cotton sufficient to pay the rent and part of the account for supplies, or enough to pay for all the supplies and part of the rent. With the consent and approval of Elisha Houser, they applied the cotton or proceeds thereof, first to the payment of the account for supplies, and the balance was credited on the rent. The remainder of the rent not being paid, they, on December 10, 1895, levied a distress warrant upon certain products made that year on the rented premises by Elisha Houser. These products were sold under such levy; whereupon Willie Houser and others brought a rule against the sheriff, in whose hands were the proceeds of the sale, in which they contested with R. N. &• B. C. Holtzclaw for priority in the distribution of that fund; the movants claiming under
Under the provisions of paragraph 6 of section 2800 of the Civil Code, it is provided that the lien for supplies, etc., furnished by landlords, shall be inferior to the general and special liens of laborers. By section 2794 of the Civil Code, it is provided that “Liens of laborers shall arise upon the completion of their contract of labor, but shall not exist against bona fide purchasers without notice, until the same are reduced to execution and levied by an officer, and such liens in conflict with each other shall rank according to date, dating each from the completion of the contract of labor.” Under this provision of the code the lien does not arise in favor of the laborer until the completion of his contract of labor. Walls v. Rutherford, 60 Ga. 439; Brantley v. Raybon, 61 Ga. 211; Dexter v. Glover, 62 Ga. 312; McDonald v. Night, 63 Ga. 161.
While laborers’ liens yield to bona fide purchasers without notice before they are reduced to execution and levied, they take precedence of all other liens, save such as are specially excepted by the code. Langston & Crane v. Anderson, 69 Ga. 65. If it appeared that the laborers’ liens of the movants in this case arose prior to and were in existence at the time when the landlords appropriated the crops turned over to them to the extinguishment of the lien for supplies, a very different question would be presented. Without undertaking to say how it should he decided, it seems clear that as the liens of the laborers could not arise until the completion of their contracts of labor, the onus was upon them to show that
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.