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.
History. Orig. Code 1863, § 3020; Code 1868, § 3032; Code 1873, § 3087; Code 1882, § 3087; Civil Code 1895, § 3927; Civil Code 1910, § 4524; Code 1933, § 37-107.
Law reviews.
For note, the voluntary-payment doctrine in Georgia, see 16 Ga. L. Rev. 893 (1982).
Structure Georgia Code
Chapter 1 - General Provisions
§ 23-1-1. Equity Jurisdiction Vested in Superior Courts and State-Wide Business Court
§ 23-1-2. Scope of Equity Jurisdiction; Modes of Remedy
§ 23-1-3. Grounds for Equity Jurisdiction
§ 23-1-4. Effect of Legal Remedy on Exercise of Jurisdiction
§ 23-1-5. Concurrent Jurisdiction of Law and Equity
§ 23-1-6. Equity Follows the Law
§ 23-1-7. Equity Seeks to Do Justice
§ 23-1-8. Equity Cconsiders Done What Ought to Be Done
§ 23-1-9. Nature of Equity Is Equality
§ 23-1-10. Who Would Have Equity Must Do Equity
§ 23-1-11. Effect of Equal Equities; Effect of Unequal Equities
§ 23-1-12. Equity of Misled Party Superior
§ 23-1-13. Volunteer’s Equity Inferior
§ 23-1-14. Who Bears Loss From Act of Third Party
§ 23-1-15. Where Both Parties Equally at Fault; Where Fault Is Unequal
§ 23-1-16. Taking With Notice of Equity
§ 23-1-17. Scope of Notice; Ignorance Due to Negligence
§ 23-1-18. Pending Action as Notice; Effect on Purchaser
§ 23-1-19. Sale to One Without Notice; Sale by One Without Notice
§ 23-1-20. Interference With Bona Fide Purchaser
§ 23-1-21. Compulsion to Litigate
§ 23-1-22. Interference With Creditor
§ 23-1-23. Construction of Conditions; Relief Against Forfeitures