Investigation of Liens and Titles by Warehouseman; Priority of Claim of Receipt Holder

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Warehousemen
  5. State Warehouse Commissioner; Cotton Warehousing
  6. Storage of Cotton
  7. Investigation of Liens and Titles by Warehouseman; Priority of Claim of Receipt Holder

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  1. If the warehouseman to whom cotton is offered for storage shall have cause to believe there is an adverse lien, title, or claim to the cotton, he shall make reasonable investigation; and to that end he may require the party so offering the cotton for storage to make affidavit in writing as to such liens, adverse title, or claims.
  2. Any transferee or holder for value of any receipt issued under this article, without notice of any adverse lien, title, or claim to the cotton represented by such receipt, shall have a superior claim to the cotton as against such adverse lien, title, or claim, unless the holder of the adverse lien, title, or claim within seven days after the date on which the cotton was so stored in such warehouse shall begin action on such lien, title, or adverse claim in a court of competent jurisdiction, and give to the warehouse where the cotton is stored written notice of such action.

(Ga. L. 1918, p. 246, § 20; Code 1933, § 5-316.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 78 Am. Jur. 2d, Warehouses, § 68 et seq.

C.J.S.

- 93 C.J.S., Warehousemen and Safe Depositaries, § 143 et seq.


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