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61 Ga. 584

Tanner v. Bell

Supreme Court of Georgia

Decided August 15, 1878

Supreme Court of Georgia · decided 1878-08-15

Vendor and purchaser. Mortgage. 'Lien. Before Judge Hillyer. Fulton Superior Court. April Term, 3878. This was a contest upon a money rule in favor of Tanner against the sheriff, requiring him to show cause why he should not pay over certain funds in his hands, the proceeds of property of Pollock, trustee, sold under execution. Tanner held a mortgage fi. fa., and Bell and Jennings & Ashley, executions based on the foreclosure of liens of material-men.

Good law ✅— No negative treatment on recordhow we know

Decided 1878-08-15

How this case has been cited

Cited by 5 later decisions — most recently March 1983

5 state decisions

30187818801890190019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bleckley, Justice.

¶1Section 1979 of the Code gives the liens (among others) which the material-men asserted in this case : and the next section declares their rank as follows : “Said liens specified in said preceding section shall be inferior to Hens for taxes, to the general and special Hens of laborers, to the general *586lien of landlords for rent, when reduced to execution and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens, when actual notice of such general lien, of landlords and others has been communicated before the work was done or materials furnished; but the said liens provided for in said preceding section shall be-superior to all other liens not herein excepted.” Now a mortgage lien for the purchase money, where a conveyance and not a mere bond for titles, has been executed by the vendor, is certainly one of the “other liens not herein excepted.” It follows that such mortgage lien must yield.

¶2Judgment affirmed.

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