Georgia Code, Title 23, Chapter 1 - General Provisions

• § 23-1-1 - Equity Jurisdiction -- Vested in Superior Courts
  All equity jurisdiction shall be vested in the superior courts of the several counties.
• § 23-1-2 - Equity Jurisdiction -- Scope; Modes of Remedy
  Generally, equity jurisprudence embraces the same matters of jurisdiction and modes of remedy as were allowed and practiced in England.
• § 23-1-3 - Equity Jurisdiction -- Grounds
  Equity jurisdiction is established and allowed for the protection and relief of parties where, from any peculiar circumstances, the operation of the general rules...
• § 23-1-4 - Effect of Legal Remedy on Exercise of Jurisdiction
  Equity will not take cognizance of a plain legal right where an adequate and complete remedy is provided by law; but the mere privilege...
• § 23-1-5 - Concurrent Jurisdiction of Law and Equity
  Where law and equity have concurrent jurisdiction, whichever first takes jurisdiction shall retain it, unless a good reason shall be given for the interference...
• § 23-1-6 - Nature of Equity -- Follows the Law
  Equity is ancillary, not antagonistic, to the law; hence, equity follows the law where the rule of law is applicable and follows the analogy...
• § 23-1-7 - Nature of Equity -- Seeks to Do Justice
  Equity seeks always to do complete justice. Hence, having the parties before the court rightfully, it will proceed to give full relief to all...
• § 23-1-8 - Nature of Equity -- Considers Done What Ought to Be Done
  Equity considers that done which ought to be done and directs its relief accordingly.
• § 23-1-9 - Nature of Equity -- is Equality
  In many cases, equality is equity in the distribution of equitable assets.
• § 23-1-10 - Who Would Have Equity Must Do Equity
  He who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter...
• § 23-1-11 - Effect of Equal Equities; Effect of Unequal Equities
  Where equities are equal, the law shall prevail. If equities are unequal, the superior equity shall prevail. Superior diligence as to time will create...
• § 23-1-12 - Equity of Misled Party Superior
  The equity of a party who has been misled is superior to that of the person who willfully misleads such party.
• § 23-1-13 - Volunteer's Equity Inferior
  The equity under trust or contract for value is superior to that of a mere volunteer.
• § 23-1-14 - Who Bears Loss From Act of Third Party
  When one of two innocent persons must suffer by the act of a third person, he who put it in the power of the...
• § 23-1-15 - Where Both Parties Equally At Fault; Where Fault is Unequal
  When both parties are equally at fault, equity will not interfere but will leave them where it finds them. The rule is otherwise if...
• § 23-1-16 - Taking With Notice of Equity
  He who takes with notice of an equity takes subject to that equity.
• § 23-1-17 - Scope of Notice; Ignorance Due to Negligence
  Notice sufficient to excite attention and put a party on inquiry shall be notice of everything to which it is afterwards found that such...
• § 23-1-18 - Pending Action As Notice; Effect on Purchaser
  Decrees ordinarily bind only parties and their privies; but a pending action shall be a general notice of an equity or claim to all...
• § 23-1-19 - Sale to One Without Notice; Sale by One Without Notice
  If one with notice sells to one without notice, the latter shall be protected. If one without notice sells to one with notice, the...
• § 23-1-20 - Interference With Bona Fide Purchaser
  A bona fide purchaser for value without notice of an equity will not be interfered with by equity.
• § 23-1-21 - Compulsion to Litigate
  Equity will not force persons to litigate in order to have done what they ought to do and are willing to do voluntarily.
• § 23-1-22 - Interference With Creditor
  A diligent creditor shall not needlessly be interfered with in the prosecution of his legal remedies.
• § 23-1-23 - Construction of Conditions; Relief Against Forfeitures
  Where the rules of construction will allow, equity seeks always to construe conditions subsequent into covenants and to relieve against forfeitures.
• § 23-1-24 - When Election Between Benefits Compelled
  A case of election arises whenever a person is entitled to one of two benefits, to each of which he has legal title; but...
• § 23-1-25 - Laches
  Equity gives no relief to one whose long delay renders the ascertainment of the truth difficult, even when no legal limitation bars the right.

Last modified: October 14, 2016