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2018 Georgia Code 23-1-12 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 23-1-12 Case Law from Google Scholar Amendments to OCGA 23-1-12

TITLE 23 EQUITY

Section 1. General Provisions, 23-1-1 through 23-1-25.

23-1-12. Equity of misled party superior.

The equity of a party who has been misled is superior to that of the person who willfully misleads such party.

(Orig. Code 1863, § 3022; Code 1868, § 3034; Code 1873, § 3089; Code 1882, § 3089; Civil Code 1895, § 3929; Civil Code 1910, § 4526; Code 1933, § 37-109.)

JUDICIAL DECISIONS

Cited in Frye v. Sims, 144 Ga. 74, 86 S.E. 249 (1915); Brown v. Brown, 209 Ga. 620, 75 S.E.2d 13 (1953); Levy v. Empire Ins. Co., 379 F.2d 860 (5th Cir. 1967).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Equity, § 20.

C.J.S.

- 30 C.J.S., Equity, § 48 et seq.

ALR.

- Right of victim of practical joke to recover against its perpetrator, 9 A.L.R. 364.

Cases Citing O.C.G.A. § 23-1-12

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Thomason v. Kern & Co., 376 S.E.2d 872 (Ga. 1989).

Cited 15 times | Published | Supreme Court of Georgia | Mar 2, 1989 | 259 Ga. 119

...Kern's brief, supra. After admitting that it negotiated with Mr. Thomason, Kern then claimed that Mr. Thomason was barred by laches. "The equity of a party who has been misled is superior to that of the person who willfully misleads such party." OCGA § 23-1-12....
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Rector of Christ Church v. Bishop of Episcopal Diocese of Georgia, Inc., 718 S.E.2d 237 (Ga. 2011).

Cited 10 times | Published | Supreme Court of Georgia | Nov 21, 2011 | 290 Ga. 95, 2011 Fulton County D. Rep. 3631

...follows the analogy of the law where no rule is directly applicable." • OCGA § 23-1-10—"He who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action." • OCGA § 23-1-12—"The equity of a party who has been misled is superior to that of the person who willfully misleads such party." • OCGA § 23-1-16—"He who takes with notice of an equity takes subject to that equity." • OCGA § 23-1-23—"Where the rule...
...wed by a court of equity to create a trust on CCS's property. See OCGA § 23-1-10 ("He who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action."); see also OCGA § 23-1-12 ("The equity of a party who has been misled is superior to that of the person who willfully misleads such party.")....