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2018 Georgia Code 23-2-33 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 23-2-33 Case Law from Google Scholar Amendments to OCGA 23-2-33

TITLE 23 EQUITY

Section 2. Grounds for Equitable Relief, 23-2-1 through 23-2-136.

ARTICLE 2 ACCIDENT AND MISTAKE

23-2-33. Mere volunteers, in general; exception for executed contracts.

Equity will not interfere to relieve against accidents or mistakes of mere volunteers; but, if a contract is actually executed, all the rights growing out of it against or in favor of any one will be enforced.

(Orig. Code 1863, § 3049; Code 1868, § 3061; Code 1873, § 3116; Code 1882, § 3116; Civil Code 1895, § 3972; Civil Code 1910, § 4569; Code 1933, § 37-217.)

JUDICIAL DECISIONS

Equity will not decree the reformation of an instrument at the instance of one who is a mere volunteer, and who was not a party to the instrument. Sylvan Property Mgt., Inc. v. Garner, 144 Ga. App. 747, 242 S.E.2d 292 (1978).

Voluntary rent provision and debt payment.

- Defendant's claim that she satisfied her debt on a promissory note owed to her spouse by providing her mother-in-law with a rent-free apartment and by paying certain debts that spouse owed to certain creditors was to no avail as it was done under a mere volunteer arrangement with no outstanding obligations to do so. United States v. Speir, 808 F. Supp. 829 (S.D. Ga. 1992).

Cited in Smith v. Carter, 44 Ga. App. 438, 161 S.E. 649 (1931); Dobbs v. Perlman, 59 Ga. App. 770, 2 S.E.2d 109 (1939); Lifsey v. Mims, 193 Ga. 780, 20 S.E.2d 32 (1942); Glens Falls Indem. Co. v. Liberty Mut. Ins. Co., 202 Ga. App. 752, 44 S.E.2d 543 (1947); Sylvan Property Mgt., Inc. v. Garner, 144 Ga. App. 747, 242 S.E.2d 292 (1978).

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