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 decidedly overbalances that of the other.
History. Orig. Code 1863, § 3026; Code 1868, § 3038; Code 1873, § 3093; Code 1882, § 3093; Civil Code 1895, § 3937; Civil Code 1910, § 4534; Code 1933, § 37-112.
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