59 Ga. 773
Decided August 15, 1877
Supreme Court of Georgia · decided 1877-08-15
Lien. Fertilizers. Before Judge WrighL Mitcbell Superior Court. May Term, 1877. Liard wick foreclosed against Burtz a lien for fertilizers, and had the execution based thereon levied upon certain cotton as the property of the defendant. The latter filed an affidavit that the article sold was worthless. The lien was dated May 10th, 1873, and covered the crops for that year, and every subsequent year until payment was made.
Decided 1877-08-15
¶1The only question made in this case, is whether the special lien for fertilizers, created, by §1978 of the Code, is subject to the rule that a sale or mortgage cannot be made of an unplanted crop. We think not; because it is necessary to fertilize before the crop is planted, and the statute would be robbed of all its beneficial results if so construed.
¶2Judgment reversed.