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Chapter 1 - General Provisions
§ 23-1-1. Equity Jurisdiction Vested in Superior Courts and State-Wide Business Court - All equity jurisdiction shall be vested in the superior courts...
§ 23-1-2. Scope of Equity Jurisdiction; Modes of Remedy - Generally, equity jurisprudence embraces the same matters of jurisdiction and...
§ 23-1-3. Grounds for Equity Jurisdiction - Equity jurisdiction is established and allowed for the protection and...
§ 23-1-4. Effect of Legal Remedy on Exercise of Jurisdiction - Equity will not take cognizance of a plain legal right...
§ 23-1-5. Concurrent Jurisdiction of Law and Equity - Where law and equity have concurrent jurisdiction, whichever first takes...
§ 23-1-6. Equity Follows the Law - Equity is ancillary, not antagonistic, to the law; hence, equity...
§ 23-1-7. Equity Seeks to Do Justice - Equity seeks always to do complete justice. Hence, having the...
§ 23-1-8. Equity Cconsiders Done What Ought to Be Done - Equity considers that done which ought to be done and...
§ 23-1-9. Nature of Equity Is Equality - In many cases, equality is equity in the distribution of...
§ 23-1-10. Who Would Have Equity Must Do Equity - He who would have equity must do equity and must...
§ 23-1-11. Effect of Equal Equities; Effect of Unequal Equities - Where equities are equal, the law shall prevail. If equities...
§ 23-1-12. Equity of Misled Party Superior - The equity of a party who has been misled is...
§ 23-1-13. Volunteer’s Equity Inferior - The equity under trust or contract for value is superior...
§ 23-1-14. Who Bears Loss From Act of Third Party - When one of two innocent persons must suffer by the...
§ 23-1-15. Where Both Parties Equally at Fault; Where Fault Is Unequal - When both parties are equally at fault, equity will not...
§ 23-1-16. Taking With Notice of Equity - He who takes with notice of an equity takes subject...
§ 23-1-17. Scope of Notice; Ignorance Due to Negligence - Notice sufficient to excite attention and put a party on...
§ 23-1-18. Pending Action as Notice; Effect on Purchaser - Decrees ordinarily bind only parties and their privies; but a...
§ 23-1-19. Sale to One Without Notice; Sale by One Without Notice - If one with notice sells to one without notice, the...
§ 23-1-20. Interference With Bona Fide Purchaser - A bona fide purchaser for value without notice of an...
§ 23-1-21. Compulsion to Litigate - Equity will not force persons to litigate in order to...
§ 23-1-22. Interference With Creditor - A diligent creditor shall not needlessly be interfered with in...
§ 23-1-23. Construction of Conditions; Relief Against Forfeitures - Where the rules of construction will allow, equity seeks always...
§ 23-1-24. When Election Between Benefits Compelled - A case of election arises whenever a person is entitled...
§ 23-1-25. Laches - Equity gives no relief to one whose long delay renders...
Chapter 2 - Grounds for Equitable Relief
Article 1 - General Provisions
§ 23-2-1. When Equity Will Set Aside Judgment - Reserved. Repealed by Ga. L. 1986, p. 294, § 3,...
§ 23-2-2. Setting Aside Sale or Contract for Inadequate Consideration - Great inadequacy of consideration, joined with great disparity of mental...
§ 23-2-3. Payment of Lost Bonds or Notes - In cases of lost bonds or negotiable securities, the court...
Article 2 - Accident and Mistake
§ 23-2-20. Which Accidents Relievable in Equity - An accident relievable in equity is an occurrence, not the...
§ 23-2-21. What Mistakes Relievable in Equity; Power to Relieve to Be Exercised Cautiously - History. Orig. Code 1863, §§ 3050, 3053; Code 1868, §§...
§ 23-2-22. Mistake of Law in Instrument by Contracting Parties - An honest mistake of the law as to the effect...
§ 23-2-23. Mistake of Law in Instrument by Agent - A mistake of law by the draftsman or other agent,...
§ 23-2-24. When Mistake of Fact Relieved - In all cases of a mistake of fact material to...
§ 23-2-25. Form of Conveyance Contrary to Intent - If the form of conveyance is, by accident or mistake,...
§ 23-2-26. Accident or Mistake in Execution of Power - Accident or mistake in the execution of a power or...
§ 23-2-27. Equitable Interference Not Authorized by Mere Ignorance of Law - Mere ignorance of the law on the part of the...
§ 23-2-28. Equitable Interference Not Authorized by Mutual Ignorance of Fact; Mistake in Judgment of Value - Ignorance of a fact by both parties shall not justify...
§ 23-2-29. Equitable Interference Not Authorized by Failure to Exercise Diligence; Ignorance of Fact Absent Fraud - If a party, by reasonable diligence, could have had knowledge...
§ 23-2-30. Reformation and Execution of Contract in Case of Mistake Distinguished - A distinction exists between reforming a contract and executing a...
§ 23-2-31. Rescission for Unilateral Mistake of Fact - Equity will not reform a written contract unless the mistake...
§ 23-2-32. When Negligent Complainant Granted Relief - History. Civil Code 1895, § 3974; Civil Code 1910, §...
§ 23-2-33. Mere Volunteers, in General; Exception for Executed Contracts - Equity will not interfere to relieve against accidents or mistakes...
§ 23-2-34. Relief Against Original Parties or Privies; Exception - Equity will grant relief as between the original parties or...
Article 3 - Fraud
§ 23-2-50. Concurrent Jurisdiction Over Fraud - In all cases of fraud, except fraud in the execution...
§ 23-2-51. Fraud as Actual or Constructive - History. Orig. Code 1863, § 3104; Code 1868, § 3116;...
§ 23-2-52. Misrepresentation as Legal Fraud - Misrepresentation of a material fact, made willfully to deceive or...
§ 23-2-53. Suppression of Fact as Fraud - Suppression of a material fact which a party is under...
§ 23-2-54. Surprise as a Form of Fraud - Anything which happens without the agency or fault of the...
§ 23-2-55. Use of Similar Trademarks, Names, or Devices - Any attempt to encroach upon the business of a trader...
§ 23-2-56. Consummation of Fraud - Fraud may be consummated by signs or tricks, or through...
§ 23-2-57. Proving Existence of Fraud - Fraud may not be presumed but, being in itself subtle,...
§ 23-2-58. Confidential Relations Defined - Any relationship shall be deemed confidential, whether arising from nature,...
§ 23-2-59. Acquisition of Antagonistic Rights by One in Confidential Relationship - Where, by the act or consent of parties or the...
§ 23-2-60. Annulment of Conveyances for Fraud - Fraud will authorize equity to annul conveyances, however solemnly executed....
Article 4 - Accounting of Contribution; Apportionment; Setoff
§ 23-2-70. Scope of Equity Jurisdiction Over Matters of Account - Equity jurisdiction over matters of account shall extend to: History....
§ 23-2-71. Entitlement to Contribution; When Equity Has Jurisdiction - In cases of joint, joint and several, or several liabilities...
§ 23-2-72. Apportionment of Contract, Rent, or Hire - Apportionment of a contract or of rent or hire may,...
§ 23-2-73. Discharge of Encumbrances Affecting Several Interests - Where several persons are interested in an estate as tenants...
§ 23-2-74. Burden of Distinguishing Mingled Property - If a party who has charge of the property of...
§ 23-2-75. Offer to Pay Balance Unnecessary - A petition for an accounting need not offer to pay...
§ 23-2-76. Equitable Setoff - Regarding a setoff, equity generally follows the law; but, if...
Article 5 - Administration of Assets Generally
§ 23-2-90. Legal and Equitable Assets Defined; Rules of Distribution - History. Orig. Code 1863, §§ 3073, 3074; Code 1868, §§...
§ 23-2-91. When Equity Will Interfere With Administration of Estates - Equity will not interfere with the regular administration of estates,...
§ 23-2-92. Application for Direction or Construction of Will - In cases of difficulty in construing wills, in distributing estates,...
§ 23-2-93. Marshaling Assets of Decedent’s Estate - In all cases where legal difficulties arise as to the...
§ 23-2-94. Compelled Election in Marshaling Assets - In marshaling assets, the court shall look to the equities...
§ 23-2-95. Creditors’ Petitions - Creditors’ petitions may be filed at the instance of any...
§ 23-2-96. When Equitable Assets May Be Reached by Creditor - Equitable assets may be reached by a creditor in every...
§ 23-2-97. Time Limit for Intervention in Case Disposing of Assets; Publication of Order - History. Ga. L. 1939, p. 344, §§ 1, 2. Law...
§ 23-2-98. Application of Joint and Individual Assets to Debts - Joint assets shall be applied to joint debts, and individual...
Article 6 - Exercise of Powers of Appointment and Sale
§ 23-2-110. Equitable Jurisdiction Over Powers - Powers, especially of appointment, being always founded on trust or...
§ 23-2-111. Exercise of Discretionary Powers Not Compellable Generally - Equity may not compel a party, having a discretion, to...
§ 23-2-112. When Faithful Execution of Power Compellable - In all cases where no discretion is allowed or the...
§ 23-2-113. When Equity May Relieve Against Collusive, Illusory, Mistaken, etc., Executions - History. Orig. Code 1863, §§ 3098, 3099, 3100; Code 1868,...
§ 23-2-114. Powers of Sale to Be Construed Strictly; Manner of Sale; Who May Exercise - Powers of sale in deeds of trust, mortgages, and other...
§ 23-2-115. When Private Sale Authorized - Unless expressly limited in a will, deed, or other instrument...
§ 23-2-116. When Powers of Sale Exercisable by Successor Administrator, Trustee, or Guardian - Unless expressly limited in an instrument creating a power of...
§ 23-2-117. When Release, Relinquishment, or Covenant as to Exercise of Power of Appointment Authorized - Any person holding a power of appointment, general or special,...
§ 23-2-118. Release, Relinquishment, or Covenant as to Exercise of Power of Appointment to Be in Writing; Delivery or Recordation - Any release, relinquishment, or covenant referred to in Code Section...
§ 23-2-119. When Fiduciaries or Bona Fide Purchasers Affected by Release, Relinquishment, or Covenant as to Exercise of Power of Appointment - No fiduciary holding or distributing any property subject to a...
§ 23-2-120. Application of Code Sections 23-2-117 Through 23-2-119 - Code Sections 23-2-117 through 23-2-119 are declaratory of existing law...
Article 7 - Nonperformance of Contract
§ 23-2-130. When Specific Performance Decreed Generally - Specific performance of a contract, if within the power of...
§ 23-2-131. When Specific Performance of Parol Contract for Land Decreed; Sufficient Part Performance - History. Orig. Code 1863, § 3119; Code 1868, § 3131;...
§ 23-2-132. When Voluntary Agreement Enforced - Specific performance will not be decreed of a voluntary agreement...
§ 23-2-133. Inadequacy of Price; Unfair or Unjust Contracts - Mere inadequacy of price, though not sufficient to rescind a...
§ 23-2-134. Vendor’s Ability to Comply - The vendor seeking specific performance shall show an ability to...
§ 23-2-135. Damages When Specific Performance Impossible - If, for any cause, specific performance is impossible or if...
§ 23-2-136. Specific Personalty; Damages or Delivery - Any good reason in equity and good conscience why the...
Chapter 3 - Equitable Remedies and Proceedings Generally
§ 23-3-1. Legal and Equitable Rights Given Effect; Legal and Equitable Remedies Applied - The superior courts, on the trial of any civil case,...
§ 23-3-2. How Equitable Relief Claimed - Any person may, in any civil action, claim equitable relief...
§ 23-3-3. Ancillary Extraordinary Remedies - A person who asserts a claim for equitable relief may...
§ 23-3-4. Extraordinary Remedies for Defendant - Any defendant may, by proper pleadings and sufficient evidence, obtain...
Article 2 - Ne Exeat
§ 23-3-20. Nature of Ne Exeat; When Granted - The writ of ne exeat shall issue to restrain a...
§ 23-3-21. Showing Required - In every case of application for a writ of ne...
§ 23-3-22. Verification Necessary; Bond and Additional Verification at Judge’s Discretion - History. Ga. L. 1855-56, p. 219, § 4; Ga. L....
§ 23-3-23. Defendant’s Bond; Responsibility of Officer Taking Insufficient Security - The defendant may relieve himself, his property, or the specific...
§ 23-3-24. Disposition of Property - If the defendant fails or refuses to replevy the property,...
§ 23-3-25. Issuance of Writ Without Judge’s Sanction - In cases of emergency, upon the affidavit of the complainant...
Article 3 - Quia Timet
Part 1 - Conventional Quia Timet
§ 23-3-40. Purpose of Quia Timet - The proceeding quia timet is sustained in equity for the...
§ 23-3-41. When Relief Granted; Costs - History. Ga. L. 1905, p. 102, §§ 1, 2; Civil...
§ 23-3-42. Cloud on Title; What Constitutes; When Removable - An instrument which, by itself or in connection with proof...
§ 23-3-43. Special Master - At the option of the complainant as prayed for in...
§ 23-3-44. Redemption and Notice - Proceedings quia timet may be used to remove clouds on...
Part 2 - Quia Timet Against All the World
§ 23-3-60. Purpose of Part - The purpose of this part is to create a procedure...
§ 23-3-61. Who May Bring Proceeding - Any person, which term shall include a corporation, partnership, or...
§ 23-3-62. Venue; Contents, Verification and Filing of Petition; Filing in Lis Pendens Docket - History. Ga. L. 1966, p. 443, § 2. Law reviews....
§ 23-3-63. Submission to Special Master - The court, upon receipt of the petition together with the...
§ 23-3-64. Other Required Evidence - The master shall examine the petition, plat, and all documents...
§ 23-3-65. Notice; Process; Service by Publication; Filing of Adverse Pleading; Appointment of Disinterested Representative - History. Ga. L. 1966, p. 443, § 5.
§ 23-3-66. Jurisdiction of Special Master; Trial by Jury - Upon reasonable notice to the parties, after proof of serving...
§ 23-3-67. Decree; Effect of Recordation - Upon the receipt of the master’s report or upon a...
§ 23-3-68. Compensation of Master and Representative; Taxing as Part of Costs - The court shall fix a reasonable compensation, not less than...
§ 23-3-69. Intervention After Entering of Decree - At any time within 30 days from the entering of...
§ 23-3-70. Joinder - History. Ga. L. 1966, p. 443, § 10.
§ 23-3-71. Liberal Construction - This part shall be liberally construed. History. Ga. L. 1966,...
§ 23-3-72. Remedy Cumulative - The remedy provided by this part is intended to be...
§ 23-3-73. Enforcement of Article - All municipalities, counties, and housing authorities shall have standing pursuant...
Article 4 - Equitable Interpleader
§ 23-3-90. Interpleader; When Compelled; Taxing of Costs, Attorney’s Fees - History. Orig. Code 1863, § 3156; Code 1868, § 3168;...
§ 23-3-91. Verification of Petition - Every petition for interpleader shall be verified and shall show...
§ 23-3-92. Collateral Interpleader - If, in the progress of any proceeding in equity, the...
Article 5 - Bills of Peace
§ 23-3-110. Bill of Peace; When Entertained; Ancillary Injunction - History. Orig. Code 1863, §§ 3154, 3155; Code 1868, §§...
Article 6 - Taxpayer Protection Against False Claims
§ 23-3-120. Definitions - As used in this article, the term: Such term shall...
§ 23-3-121. Submission of False Information; Liability; No Application to Taxation - shall be liable to the State of Georgia for a...
§ 23-3-122. Investigations by Attorney General; Civil Actions Authorized; Intervention by Government; Limitation on Participating in Litigation; Stay of Discovery; Alternative Remedies; Division of Recovery; Limitations - History. Code 1981, § 23-3-122 , enacted by Ga. L....
§ 23-3-123. Statute of Limitations; Service of Subpoena; Limitation on Disclosures; Intervention; Preponderance of the Evidence Standard; Effect of Criminal Conviction on Civil Actions - History. Code 1981, § 23-3-123 , enacted by Ga. L....
§ 23-3-124. Venue - All civil actions brought under this article in a court...
§ 23-3-125. Civil Investigative Demands - The Attorney General may delegate the authority to issue civil...
§ 23-3-126. Remedies Nonexclusive; Construction of Provisions - History. Code 1981, § 23-3-126 , enacted by Ga. L....
§ 23-3-127. Proceedings Involving Medicaid - If a civil action can be commenced pursuant to Article...
Chapter 4 - Equity Procedure
§ 23-4-1. Consolidation of Actions - Where there is one common claim to be asserted by...
§ 23-4-2. How Extraordinary Remedies Claimed - A claim for extraordinary relief or remedy to aid an...
§ 23-4-3. Claim of Legal and Equitable Relief by Defendant - A defendant to any action in the superior court or...
§ 23-4-4. Proceedings Ex Parte or in Execution of Protective Powers; Petition - All ex parte proceedings or proceedings for the execution of...
§ 23-4-5. Receipt of and Action on Petition; Transmittal of Proceedings to Clerk - The judge may receive and act upon the petitions described...
Article 2 - Parties
§ 23-4-20. Who May Complain in Equity - Any person who may not bring an action at law...
Article 3 - Decrees
§ 23-4-30. Nature of Decree; Signature and Entry - A decree is the judgment of the judge in equitable...
§ 23-4-31. Power of Court to Mold and Enforce Decrees - A superior court shall have full power to mold its...
§ 23-4-32. Decree Affecting Property Outside Jurisdiction - Equity may decree in cases of fraud, trust, or contract,...
§ 23-4-33. Decree in Will or Contract Matters; Consent of Guardian or Guardian Ad Litem - When it becomes impossible to carry out any last will...
§ 23-4-34. Interlocutory Decrees and Orders - At any stage in the progress of an action seeking...
§ 23-4-35. Confirmation of Sales Under Decrees - Sales under decrees in equity shall be subject to confirmation...
§ 23-4-36. Decree Transferable; Lien - A decree shall be transferable like other judgments and, when...
§ 23-4-37. Attachments for Contempt; Executions Against Property - Every decree or order of a superior court or the...
§ 23-4-38. Enforcement of Extraordinary Remedies - Injunction, ne exeat, prohibition, and other extraordinary remedies may be...