Title 44, Chapter 14, Section 340
( 44-14-340)
Landlords furnishing supplies, money, horses, mules, asses, oxen,
farming utensils, and equipment necessary to make crops shall have
the right to secure themselves from the crops raised during the year
in which such things are furnished upon such terms as may be agreed
upon by the parties but with the following conditions: (1) The liens provided for in this Code section shall arise by operation of law from the relationship of landlord and tenant as well as by a special contract in writing whenever the landlord shall furnish the articles enumerated in this Code section or any of them to the tenant for the purposes named. The liens may be enforced in the manner provided in Code Section 44-14-550; (2) Whenever the liens are created by a special contract in
writing, they shall be assignable by the landlord and may be
enforced by the assignees in the manner provided for the
enforcement of such liens by landlords; (3) The liens shall only exist as liens on the crops raised during
the year in which they are made and may be foreclosed before the
debt is due if the tenant is removing or seeking to remove his
crops from the premises or when other legal process, not in favor
of the landlord nor controlled by him nor levied at his instance
or procurement, is being enforced against the crops; (4) Every person giving a lien under this Code section who has
previously given a lien or liens under it or any other lien shall,
when giving a new lien under this Code section on the same
property to another person, inform such person, if asked, as to
the facts of the amount of such lien or liens and to whom given;
and (5) The liens created under this Code section are declared to be
superior in rank to other liens and shall, as between themselves
and other liens not excepted by this paragraph, rank according to
date; but they shall be inferior to liens for taxes, the general
and special liens of laborers, and the special liens of landlords
for rent. |