Farmers' Loan & Trust Co. v. Candler

• Decision Date: 08 May 1891
• Citation: 13 S.E. 560,87 Ga. 241
• Parties: Farmers' Loan & Trust Co. v. Candler et al.
• Court: Georgia Supreme Court

13 S.E. 560

87 Ga. 241

Farmers' Loan & Trust Co. v. Candler et al.

Supreme Court of Georgia

May 8, 1891

Syllabus by the Court.

1. By section 1979 of the Code, contractors to build railroads are entitled to liens upon such railroads, but each lien is upon the whole railroad to which it applies. There is no provision of law allowing a contractor to set up and enforce a lien upon a part of any railroad, though such part may be all of the road which he constructed or aided to construct.

2. As under section 1990 of the Code, the verdict must set forth the lien allowed, and the judgment and execution must be awarded accordingly, a verdict and judgment which attempt to set up and enforce a lien upon a specified portion of a railroad are void upon their face, so far as the contractor's special lien is concerned.

3. A verdict describing the lien intended to be allowed thereby in these terms: "That the plaintiff have a lien as a contractor to build railroads upon that part of the Gainesville and Dahlonega Railroad from its terminus, in the city of Gainesville, to the Chattahoochee river, in Hall county, including its right of way, roadbed, depot grounds and all other property belonging to said railroad company for the sum aforesaid," etc.,-does not set up a lien upon the whole railroad referred to, but only attempts to do so upon the part extending from Gainesville to the Chattahoochee river.

Error from superior court, Hall county; G. H. Prior, Judge pro hac vice.

Contest between the Farmers' Loan & Trust Company and Allen D. Candler and another to establish priority of claims against the Gainesville & Dahlonega Railroad Company. Judgment for Candler. The trust company brings error. Reversed.

Lumpkin J.

The Gainesville & Dahlonega Railroad, including its right of way, franchises, and all other property, was sold as a whole by a receiver duly appointed. A contest arose over the proceeds of the sale. A. D. Candler claimed the same upon a judgment foreclosing a contractor's lien, and his right thereto was contested by the Farmers' Loan & Trust Company, who claimed under a mortgage or deed of trust securing certain bonds which had been issued by the railroad company. The fund was not sufficient to satisfy the claims of both. The case was submitted to the decision of the court upon the finding of a jury on certain questions of fact and a statement of facts agreed upon by the parties. The result was a decision in favor of Candler. The controlling questions made by the record are those set forth and adjudicated in the head-notes.

1. An...