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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 Repealed by Ga.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...