Bowman v. Georgia State Bank
This text of 133 S.E. 347 (Bowman v. Georgia State Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Where one of two tenants in common, holding an equal interest with the other, rents from the other his half interest in the land, and in the rent note embodies a provision undertaking to give to the payee a first claim on all farm produce raised on the “entire'prem[462]*462ises for the ensuing year,” this provision is ineffectual to create a lien on the produce to be raised on the undivided interest of the premises belonging to the maker of the note. Stephens v. Tucker, 55 Ga. 543, 544; Hall v. State, 2 Ga. App. 739 (59 S. E. 26); Ga. L. 1924, p. 125. Accordingly, in a contest over the crop raised on the entire premises the court did not err in apportioning one half of the crop to the payee of the note, representing the landlord’s lien on the crops, and the remaining half to one who had acquired a valid lien on the crops, inferior to the landlord’s lien.
Judgment affirmed.
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Cite This Page — Counsel Stack
133 S.E. 347, 35 Ga. App. 461, 1926 Ga. App. LEXIS 910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowman-v-georgia-state-bank-gactapp-1926.