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Georgia Code - Equity - Title 23Legal Research Home > Atlanta Lawyer > Appeals and Errors > Georgia Code - Equity - Title 23 Georgia Code - Equity - Title 23, Section 23-1-1 All equity jurisdiction shall be vested in the superior courts of the several counties. ...
Georgia Code - Equity - Title 23, Section 23-1-2 Generally, equity jurisprudence embraces the same matters of jurisdiction and modes of remedy as were allowed and practiced in England. ...
Georgia Code - Equity - Title 23, Section 23-1-3 Equity jurisdiction is established and allowed for the protection and relief of parties where, from any peculiar circumstances, the operation of the general rules of law would be ...
Georgia Code - Equity - Title 23, Section 23-1-4 Equity will not take cognizance of a plain legal right where an adequate and complete remedy is provided by law; but the mere privilege of a party to ...
Georgia Code - Equity - Title 23, Section 23-1-5 Where law and equity have concurrent jurisdiction, whichever first takes jurisdiction shall retain it, unless a good reason shall be given for the interference of equity. ...
Georgia Code - Equity - Title 23, Section 23-1-6 Equity is ancillary, not antagonistic, to the law; hence, equity follows the law where the rule of law is applicable and follows the analogy of the law where ...
Georgia Code - Equity - Title 23, Section 23-1-7 Equity seeks always to do complete justice. Hence, having the parties before the court rightfully, it will proceed to give full relief to all parties in reference to ...
Georgia Code - Equity - Title 23, Section 23-1-8 Equity considers that done which ought to be done and directs its relief accordingly. ...
Georgia Code - Equity - Title 23, Section 23-1-9 In many cases, equality is equity in the distribution of equitable assets. ...
Georgia Code - Equity - Title 23, Section 23-1-10 He who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action. ...
Georgia Code - Equity - Title 23, Section 23-1-11 Where equities are equal, the law shall prevail. If equities are unequal, the superior equity shall prevail. Superior diligence as to time will create such inequality. ...
Georgia Code - Equity - Title 23, Section 23-1-12 The equity of a party who has been misled is superior to that of the person who willfully misleads such party. ...
Georgia Code - Equity - Title 23, Section 23-1-13 The equity under trust or contract for value is superior to that of a mere volunteer. ...
Georgia Code - Equity - Title 23, Section 23-1-14 When one of two innocent persons must suffer by the act of a third person, he who put it in the power of the third person to inflict ...
Georgia Code - Equity - Title 23, Section 23-1-15 When both parties are equally at fault, equity will not interfere but will leave them where it finds them. The rule is otherwise if the fault of one ...
Georgia Code - Equity - Title 23, Section 23-1-16 He who takes with notice of an equity takes subject to that equity. ...
Georgia Code - Equity - Title 23, Section 23-1-17 Notice sufficient to excite attention and put a party on inquiry shall be notice of everything to which it is afterwards found that such inquiry might have led. ...
Georgia Code - Equity - Title 23, Section 23-1-18 Decrees ordinarily bind only parties and their privies; but a pending action shall be a general notice of an equity or claim to all the world from the ...
Georgia Code - Equity - Title 23, Section 23-1-19 If one with notice sells to one without notice, the latter shall be protected. If one without notice sells to one with notice, the latter shall be protected, ...
Georgia Code - Equity - Title 23, Section 23-1-20 A bona fide purchaser for value without notice of an equity will not be interfered with by equity. ...
Georgia Code - Equity - Title 23, Section 23-1-21 Equity will not force persons to litigate in order to have done what they ought to do and are willing to do voluntarily. ...
Georgia Code - Equity - Title 23, Section 23-1-22 A diligent creditor shall not needlessly be interfered with in the prosecution of his legal remedies. ...
Georgia Code - Equity - Title 23, Section 23-1-23 Where the rules of construction will allow, equity seeks always to construe conditions subsequent into covenants and to relieve against forfeitures. ...
Georgia Code - Equity - Title 23, Section 23-1-24 A case of election arises whenever a person is entitled to one of two benefits, to each of which he has legal title; but the enforcement of both ...
Georgia Code - Equity - Title 23, Section 23-1-25 Equity gives no relief to one whose long delay renders the ascertainment of the truth difficult, even when no legal limitation bars the right. ...
Georgia Code - Equity - Title 23, Section 23-2-1 Reserved. ...
Georgia Code - Equity - Title 23, Section 23-2-2 Great inadequacy of consideration, joined with great disparity of mental ability in contracting a bargain, may justify equity in setting aside a sale or other contract. ...
Georgia Code - Equity - Title 23, Section 23-2-3 In cases of lost bonds or negotiable securities, the court may decree that payment shall be made, provided indemnity is given against liability or loss resulting from such ...
Georgia Code - Equity - Title 23, Section 23-2-20 An accident relievable in equity is an occurrence, not the result of negligence or misconduct of the party seeking relief in relation to a contract, as was not ...
Georgia Code - Equity - Title 23, Section 23-2-21 (a) A mistake relievable in equity is some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence. (b) Mistakes may be either ...
Georgia Code - Equity - Title 23, Section 23-2-22 An honest mistake of the law as to the effect of an instrument on the part of both contracting parties, when the mistake operates as a gross injustice ...
Georgia Code - Equity - Title 23, Section 23-2-23 A mistake of law by the draftsman or other agent, by which the contract, as executed, does not fulfill or violates the manifest intention of the parties to ...
Georgia Code - Equity - Title 23, Section 23-2-24 In all cases of a mistake of fact material to the contract or other matter affected by it, if the complaining party applies within a reasonable time, equity ...
Georgia Code - Equity - Title 23, Section 23-2-25 If the form of conveyance is, by accident or mistake, contrary to the intention of the parties in their contract, equity shall interfere to make it conform thereto. ...
Georgia Code - Equity - Title 23, Section 23-2-26 Accident or mistake in the execution of a power or causing the defective execution of the power will be remedied in equity. ...
Georgia Code - Equity - Title 23, Section 23-2-27 Mere ignorance of the law on the part of the party himself, where the facts are all known and there is no misplaced confidence and no artifice, deception, ...
Georgia Code - Equity - Title 23, Section 23-2-28 Ignorance of a fact by both parties shall not justify the interference of equity; nor shall a mistake in judgment or opinion merely as to the value of ...
Georgia Code - Equity - Title 23, Section 23-2-29 If a party, by reasonable diligence, could have had knowledge of the truth, equity shall not grant relief; nor shall the ignorance of a fact known to the ...
Georgia Code - Equity - Title 23, Section 23-2-30 A distinction exists between reforming a contract and executing a contract in case of mistake. To authorize the former, the court shall be satisfied by the evidence that ...
Georgia Code - Equity - Title 23, Section 23-2-31 Equity will not reform a written contract unless the mistake is shown to be the mistake of both parties; but it may rescind and cancel upon the ground ...
Georgia Code - Equity - Title 23, Section 23-2-32 (a) The negligence of the complaining party, preventing relief in equity, is that want of reasonable prudence, the absence of which would be a violation of legal duty. ...
Georgia Code - Equity - Title 23, Section 23-2-33 Equity will not interfere to relieve against accidents or mistakes of mere volunteers; but, if a contract is actually executed, all the rights growing out of it against ...
Georgia Code - Equity - Title 23, Section 23-2-34 Equity will grant relief as between the original parties or their privies in law, in fact, or in estate, except bona fide purchasers for value without notice. ...
Georgia Code - Equity - Title 23, Section 23-2-50 In all cases of fraud, except fraud in the execution of a will, equity has concurrent jurisdiction with the law. ...
Georgia Code - Equity - Title 23, Section 23-2-51 (a) Fraud may be actual or constructive. (b) Actual fraud consists of any kind of artifice by which another is deceived. Constructive fraud consists of ...
Georgia Code - Equity - Title 23, Section 23-2-52 Misrepresentation of a material fact, made willfully to deceive or recklessly without knowledge and acted on by the opposite party or made innocently and mistakenly and acted on ...
Georgia Code - Equity - Title 23, Section 23-2-53 Suppression of a material fact which a party is under an obligation to communicate constitutes fraud. The obligation to communicate may arise from the confidential relations of the ...
Georgia Code - Equity - Title 23, Section 23-2-54 Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse his judgment or to mislead him, of which the ...
Georgia Code - Equity - Title 23, Section 23-2-55 Any attempt to encroach upon the business of a trader or other person by the use of similar trademarks, names, or devices, with the intention of deceiving and ...
Georgia Code - Equity - Title 23, Section 23-2-56 Fraud may be consummated by signs or tricks, or through agents employed to deceive, or by any other unfair way used to cheat another. ...
Georgia Code - Equity - Title 23, Section 23-2-57 Fraud may not be presumed but, being in itself subtle, slight circumstances may be sufficient to carry conviction of its existence. ...
Georgia Code - Equity - Title 23, Section 23-2-58 Any relationship shall be deemed confidential, whether arising from nature, created by law, or resulting from contracts, where one party is so situated as to exercise a controlling ...
Georgia Code - Equity - Title 23, Section 23-2-59 Where, by the act or consent of parties or the act of a third person or of the law, one person is placed in such relation to another ...
Georgia Code - Equity - Title 23, Section 23-2-60 Fraud will authorize equity to annul conveyances, however solemnly executed. ...
Georgia Code - Equity - Title 23, Section 23-2-70 Equity jurisdiction over matters of account shall extend to: (1) Mutual accounts growing out of privity of contract; (2) Cases where accounts ...
Georgia Code - Equity - Title 23, Section 23-2-71 In cases of joint, joint and several, or several liabilities of two or more persons, where all are equally bound to bear the common burden and one has ...
Georgia Code - Equity - Title 23, Section 23-2-72 Apportionment of a contract or of rent or hire may, from peculiar circumstances rendering the common-law remedy incomplete, become the subject of equitable jurisdiction. ...
Georgia Code - Equity - Title 23, Section 23-2-73 Where several persons are interested in an estate as tenants for years, or for life, or in remainder or reversion, and encumbrances are to be discharged, the equitable ...
Georgia Code - Equity - Title 23, Section 23-2-74 If a party who has charge of the property of others shall so confound it with his own that the line of distinction cannot be drawn, all the ...
Georgia Code - Equity - Title 23, Section 23-2-75 A petition for an accounting need not offer to pay a balance if found against the complainant. ...
Georgia Code - Equity - Title 23, Section 23-2-76 Regarding a setoff, equity generally follows the law; but, if there is an intervening equity not reached by the law or if the setoff is of an equitable ...
Georgia Code - Equity - Title 23, Section 23-2-90 (a) Assets are either legal or equitable. Legal assets are such as may be reached by the ordinary process of law. Equitable assets are such as can be ...
Georgia Code - Equity - Title 23, Section 23-2-91 Equity will not interfere with the regular administration of estates, except upon: (1) Application of the representative: (A) For construction and direction; or ...
Georgia Code - Equity - Title 23, Section 23-2-92 In cases of difficulty in construing wills, in distributing estates, in ascertaining the persons entitled, or in determining under what law property should be divided, the representative may ...
Georgia Code - Equity - Title 23, Section 23-2-93 In all cases where legal difficulties arise as to the distribution of assets in payment of debts or where from any circumstances the ordinary process of law would ...
Georgia Code - Equity - Title 23, Section 23-2-94 In marshaling assets, the court shall look to the equities of the creditors and, where cases arise for election, shall compel the parties to elect. ...
Georgia Code - Equity - Title 23, Section 23-2-95 Creditors´ petitions may be filed at the instance of any creditor, the privilege being extended to all to appear and become parties within a reasonable time. ...
Georgia Code - Equity - Title 23, Section 23-2-96 Equitable assets may be reached by a creditor in every case where he shows that there is danger of not being satisfied out of legal assets. ...
Georgia Code - Equity - Title 23, Section 23-2-97 (a) In all equity cases in which assets of either or both parties are being administered, marshaled, or otherwise disposed of by the court, upon motion of either ...
Georgia Code - Equity - Title 23, Section 23-2-98 Joint assets shall be applied to joint debts, and individual assets to individual debts; but, when the joint assets are exhausted, the joint debts may come upon individual ...
Georgia Code - Equity - Title 23, Section 23-2-110 Powers, especially of appointment, being always founded on trust or confidence, are peculiarly subjects of equitable supervision. ...
Georgia Code - Equity - Title 23, Section 23-2-111 Equity may not compel a party, having a discretion, to exercise a power of appointment. ...
Georgia Code - Equity - Title 23, Section 23-2-112 In all cases where no discretion is allowed or the discretion allowed is abused, equity may compel a faithful execution of the power. ...
Georgia Code - Equity - Title 23, Section 23-2-113 (a) As used in this Code section, the term: (1) 'Collusive execution' means every execution whereby the person exercising a power uses it by contrivance ...
Georgia Code - Equity - Title 23, Section 23-2-114 Powers of sale in deeds of trust, mortgages, and other instruments shall be strictly construed and shall be fairly exercised. In the absence of stipulations to the contrary ...
Georgia Code - Equity - Title 23, Section 23-2-115 Unless expressly limited in a will, deed, or other instrument creating a power of sale or unless specifically otherwise provided in such instrument, a power of sale conferred ...
Georgia Code - Equity - Title 23, Section 23-2-116 Unless expressly limited in an instrument creating a power of sale or unless specifically otherwise provided in the instrument, the power of sale conferred upon an executor, trustee, ...
Georgia Code - Equity - Title 23, Section 23-2-117 Any person holding a power of appointment, general or special, whether exercisable by deed or by will only or otherwise, and whether reserved by the holder of the ...
Georgia Code - Equity - Title 23, Section 23-2-118 Any release, relinquishment, or covenant referred to in Code Section 23-2-117 shall be in writing, signed by the person holding the power, and delivered to anyone interested in ...
Georgia Code - Equity - Title 23, Section 23-2-119 No fiduciary holding or distributing any property subject to a power of appointment as referred to in Code Section 23-2-117 shall be deemed to have notice of the ...
Georgia Code - Equity - Title 23, Section 23-2-120 Code Sections 23-2-117 through 23-2-119 are declaratory of existing law and apply to all such releases, relinquishments, and covenants, whenever executed. ...
Georgia Code - Equity - Title 23, Section 23-2-130 Specific performance of a contract, if within the power of the party, will be decreed, generally, whenever the damages recoverable at law would not be an adequate compensation ...
Georgia Code - Equity - Title 23, Section 23-2-131 (a) The specific performance of a parol contract as to land shall be decreed if the defendant admits the contract or if the contract has been so far ...
Georgia Code - Equity - Title 23, Section 23-2-132 Specific performance will not be decreed of a voluntary agreement or merely gratuitous promise. If, however, possession of lands has been given under such an agreement, upon a ...
Georgia Code - Equity - Title 23, Section 23-2-133 Mere inadequacy of price, though not sufficient to rescind a contract, may justify a court in refusing to decree a specific performance, as may any other fact showing ...
Georgia Code - Equity - Title 23, Section 23-2-134 The vendor seeking specific performance shall show an ability to comply substantially with his contract in every part and as to all the property. However, a vendor´s want ...
Georgia Code - Equity - Title 23, Section 23-2-135 If, for any cause, specific performance is impossible or if the vendee declines to accept a performance in part, the court may proceed to assess damages for the ...
Georgia Code - Equity - Title 23, Section 23-2-136 Any good reason in equity and good conscience why the complainant should have the possession of specific personalty to which he has title shall sustain an action for ...
Georgia Code - Equity - Title 23, Section 23-3-1 The superior courts, on the trial of any civil case, shall give effect to all the rights of the parties, legal, equitable, or both, and apply remedies or ...
Georgia Code - Equity - Title 23, Section 23-3-2 Any person may, in any civil action, claim equitable relief by appropriate and sufficient pleadings and obtain the equitable relief proper in the case. ...
Georgia Code - Equity - Title 23, Section 23-3-3 A person who asserts a claim for equitable relief may at any time, by proper pleading and proof, also apply for and obtain any of the extraordinary remedies ...
Georgia Code - Equity - Title 23, Section 23-3-4 Any defendant may, by proper pleadings and sufficient evidence, obtain the benefit of extraordinary remedies allowed in equitable proceedings by the superior court. ...
Georgia Code - Equity - Title 23, Section 23-3-20 The writ of ne exeat shall issue to restrain a person from leaving the jurisdiction of the state. The writ may be granted in the following cases: ...
Georgia Code - Equity - Title 23, Section 23-3-21 In every case of application for a writ of ne exeat, the complaining party shall show that no adequate remedy is afforded at law, and that the defendant ...
Georgia Code - Equity - Title 23, Section 23-3-22 (a) In every application for a writ of ne exeat, the petition or motion must be verified by one or more of the complainants. (b) ...
Georgia Code - Equity - Title 23, Section 23-3-23 The defendant may relieve himself, his property, or the specific property from the restraint imposed by giving bond in double the value of plaintiff´s claim, with good security, ...
Georgia Code - Equity - Title 23, Section 23-3-24 If the defendant fails or refuses to replevy the property, the court may, in its discretion, make such disposition of it as shall appear most advantageous to all ...
Georgia Code - Equity - Title 23, Section 23-3-25 In cases of emergency, upon the affidavit of the complainant that he cannot obtain the sanction of the judge in time to remedy the mischief, the writ of ...
Georgia Code - Equity - Title 23, Section 23-3-40 The proceeding quia timet is sustained in equity for the purpose of causing to be delivered and canceled any instrument which has answered the object of its creation ...
Georgia Code - Equity - Title 23, Section 23-3-41 (a) In all proceedings quia timet or proceedings to remove clouds upon titles to real estate, if a proper case is made, the relief sought shall be granted ...
Georgia Code - Equity - Title 23, Section 23-3-42 An instrument which, by itself or in connection with proof of possession by a former occupant or other extrinsic facts, gives the claimant thereunder an apparent right in ...
Georgia Code - Equity - Title 23, Section 23-3-43 At the option of the complainant as prayed for in the complaint, the court, upon receipt of the complaint, shall submit the same to a special master as ...
Georgia Code - Equity - Title 23, Section 23-3-44 Proceedings quia timet may be used to remove clouds on title caused by equities of redemption following tax sales; provided, however, that the length of time for redemption ...
Georgia Code - Equity - Title 23, Section 23-3-60 The purpose of this part is to create a procedure for removing any cloud upon the title to land, including the equity of redemption by owners of land ...
Georgia Code - Equity - Title 23, Section 23-3-61 Any person, which term shall include a corporation, partnership, or other association, who claims an estate of freehold present or future or any estate for years of which ...
Georgia Code - Equity - Title 23, Section 23-3-62 (a) The proceeding in rem shall be instituted by filing a petition in the superior court of the county in which the land is situated. ...
Georgia Code - Equity - Title 23, Section 23-3-63 The court, upon receipt of the petition together with the plat and instruments filed therewith, shall submit the same to a special master who shall be a person ...
Georgia Code - Equity - Title 23, Section 23-3-64 The master shall examine the petition, plat, and all documents filed therewith and may require other evidence to be filed, including, but not limited to, an abstract of ...
Georgia Code - Equity - Title 23, Section 23-3-65 (a) Upon the filing of all evidence with him, the master shall: (1) Determine who is entitled to notice, including, but not limited to, all ...
Georgia Code - Equity - Title 23, Section 23-3-66 Upon reasonable notice to the parties, after proof of serving notice as required by this article has been filed and after the appointment of the disinterested person as ...
Georgia Code - Equity - Title 23, Section 23-3-67 Upon the receipt of the master´s report or upon a jury verdict, the court shall issue a decree which shall be recorded in the office of the clerk ...
Georgia Code - Equity - Title 23, Section 23-3-68 The court shall fix a reasonable compensation, not less than $50.00, to be paid to the master appointed under this part and shall fix the compensation to be ...
Georgia Code - Equity - Title 23, Section 23-3-69 At any time within 30 days from the entering of the final decree, any person not previously a party who claims an interest in the land may intervene, ...
Georgia Code - Equity - Title 23, Section 23-3-70 (a) Two or more persons having separate and distinct parcels of land in the same county and holding under the same source of title or persons having separate ...
Georgia Code - Equity - Title 23, Section 23-3-71 This part shall be liberally construed. ...
Georgia Code - Equity - Title 23, Section 23-3-72 The remedy provided by this part is intended to be cumulative and not exclusive. ...
Georgia Code - Equity - Title 23, Section 23-3-90 (a) Whenever a person is possessed of property or funds or owes a debt or duty, to which more than one person lays claim of such a character ...
Georgia Code - Equity - Title 23, Section 23-3-91 Every petition for interpleader shall be verified and shall show that the petitioner is not in collusion with any party claiming the property. ...
Georgia Code - Equity - Title 23, Section 23-3-92 If, in the progress of any proceeding in equity, the court perceives the necessity for parties to interplead, it may order such interpleader as collateral and ancillary to ...
Georgia Code - Equity - Title 23, Section 23-3-110 (a) It being the interest of this state that there shall be an end of litigation, equity will entertain a bill of peace: (1) To ...
Georgia Code - Equity - Title 23, Section 23-4-1 Where there is one common claim to be asserted by or against several, and one is asserting the claim against many, or many against one, the court may ...
Georgia Code - Equity - Title 23, Section 23-4-2 A claim for extraordinary relief or remedy to aid an action or defense may be asserted either by original pleading or by amendment. ...
Georgia Code - Equity - Title 23, Section 23-4-3 A defendant to any action in the superior court, whether the action is for legal or equitable relief, may claim legal or equitable relief, or both, by framing ...
Georgia Code - Equity - Title 23, Section 23-4-4 All ex parte proceedings or proceedings for the execution of the protective powers of equity over trust estates or the estates of wards of equity shall be initiated ...
Georgia Code - Equity - Title 23, Section 23-4-5 The judge may receive and act upon the petitions described in Code Section 23-4-4 at chambers, always transmitting the entire proceedings to the clerk to be entered on ...
Georgia Code - Equity - Title 23, Section 23-4-20 Any person who may not bring an action at law may complain in equity and every person who is remediless elsewhere may claim the protection and assistance of ...
Georgia Code - Equity - Title 23, Section 23-4-30 A decree is the judgment of the judge in equitable proceedings upon the facts ascertained and should be signed by him and entered on the minutes of the ...
Georgia Code - Equity - Title 23, Section 23-4-31 A superior court shall have full power to mold its decrees so as to meet the exigencies of each case and shall have full power to enforce its ...
Georgia Code - Equity - Title 23, Section 23-4-32 Equity may decree in cases of fraud, trust, or contract, although property not within the jurisdiction may be affected by the decree. ...
Georgia Code - Equity - Title 23, Section 23-4-33 When it becomes impossible to carry out any last will and testament in whole or in part, and in all matters of contract, the judges of the superior ...
Georgia Code - Equity - Title 23, Section 23-4-34 At any stage in the progress of an action seeking equitable relief, if any portion of the same is ready for or requires a decree, the court may ...
Georgia Code - Equity - Title 23, Section 23-4-35 Sales under decrees in equity shall be subject to confirmation by the judge, who has a large discretion vested in him in reference thereto. Such sales shall not ...
Georgia Code - Equity - Title 23, Section 23-4-36 A decree shall be transferable like other judgments and, when for money, shall constitute a like lien. ...
Georgia Code - Equity - Title 23, Section 23-4-37 Every decree or order of a superior court in equitable proceedings may be enforced by attachment against the person for contempt. Decrees for money may be enforced by ...
Georgia Code - Equity - Title 23, Section 23-4-38 Injunction, ne exeat, prohibition, and other extraordinary remedies may be enforced by attachment for contempt. ...
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Last modified: May 2, 2006 |