Parks v. Simpson

• Decision Date: 21 December 1905
• Citation: Parks v. Simpson, 124 Ga. 523, 52 S.E. 616 (Ga. 1905)
• Parties: PARKS. v. SIMPSON.
• Court: Georgia Supreme Court

52 S.E. 616

124 Ga. 523

PARKS.

v.SIMPSON.

Supreme Court of Georgia.

Dec. 21, 1905.

1. Landlord and Tenant—Lien on Crops— Foreclosure.

The special lien of a landlord for money or supplies furnished in making a crop exists, and can be foreclosed as a lien, only on the crops of the year in which the advances are made. Abalance of indebtedness for a prior year cannot be included in a foreclosure of such a lien, even by agreement of the parties at the beginning of the year that such balance shall be included with the advances of that year.

2. Same—Creation by Estoppel.

Estoppel cannot operate to create a special lien, with the right of summary foreclosure, where no such lien exists under the statute.

(Syllabus by the Court.)

Error from Superior Court, Hall County; J. J. Kimsey, Judge.

Action by J. F. Simpson against Will Parks. Judgment for plaintiff, and defendant brings error. Affirmed.

Simpson instituted a proceeding in a justice's court against Parks to foreclose a landlord's lien on the crop of the defendant raised in the year 1904 for the sum of $39.29. The defendant filed a counter affidavit. The case was appealed to a jury in the justice's court The verdict was in favor of the plaintiff, and the defendant carried the case to the superior court by writ of certiorari. It appeared from the evidence that in the year 1903 the plaintiff had furnished to the defendant supplies, and that about $52 was still due on that account. About the beginning of the year 1904, the landlord told Parks that he would have to foreclose the lien on the corn, fodder, and other products of the latter to realize the balance which he owed for the year 1903, if he did not make the landlord safe in some way, by giving a security or a mortgage. The tenant, Parks, proposed that he would let the balance due on his account for the year 1903 be made a new debt for the year 1904, and that his crop in the latter year should stand bound for such balance as though it had been furnished in the year 1904. During the year 1904 the landlord furnished $27.50 to aid the tenant in making his crop. So that in the fall the entire debt due, Including interest, was $85.39. In December, 1904, the tenant paid $50, without directing how the payment should be applied. The landlord thereupon applied it to the oldest or first part of the account, leaving the balance sued for. On the hearing of the certiorari the presiding judge overruled it, and refused a new trial. The defendant excepted.

Parks & Gaillard, for plaintiff in error.

W. B. Sloan, for defendant in error.

LUMPKIN, J. (after stating the facts). The special lien which exists in favor of a landlord upon the crops of his tenant for money or supplies furnished in making such crops is a lien...