In actions for breach of warranty of title, the burden of proof is on the plaintiff except in cases where outstanding encumbrances have been paid off or possession has been yielded as a consequence of legal proceedings of which the warrantor had notice and an opportunity to defend.
History. Civil Code 1895, § 3617; Civil Code 1910, § 4197; Code 1933, § 29-306.
History of Code section.
This Code section is derived from the decisions in Leary v. Durham, 4 Ga. 593 (1848), and Amos v. Cosby, 77 Ga. 793 (1885).
Cross references.
Form to be used in action for breach of warranty in deed, § 9-10-203 .
Structure Georgia Code
Chapter 5 - Acquisition and Loss of Property
Article 3 - Covenants and Warranties
§ 44-5-59. Covenant Running With the Land Between Property Owner and Third Party
§ 44-5-61. Implied Warranty of Title
§ 44-5-62. General Warranty — Scope
§ 44-5-63. General Warranty — Defects Known to Purchaser
§ 44-5-64. Action for Breach of Warranty — Burden of Proof
§ 44-5-65. Action for Breach of Warranty — Necessity for Offer to Rescind; Mitigation of Damages
§ 44-5-66. Action for Breach of Warranty — Measure of Damages
§ 44-5-67. Breach of Bond for Title to Land; Measure of Damages