O.C.G.A. § 44-5-67 (2019)

Annotations

Law reviews. - For comment, ‘‘Georgia Installment Sale Contracts - A Time for Reform,’’ see 39 Mercer L. Rev. 651 (1988). JUDICIAL DECISIONS Statute does not apply unless all the land is lost. McConnell v. White, 91 Ga. App. 92, 85 S.E.2d 75 (1954) (see O.C.G.A. § 44-5-67). Right of assignee on a bond are those held by the assignor. Peterson v. Harper, 13 Ga. App. 112, 78 S.E. 942 (1913). Vendee’s option of treating vendor’s resale as rescission or breach of bond. - Vendee has the option of treating a resale of property to a third person, before the vendor has fully rescinded the contract because of a default in payment by the vendee, either as a rescission of the sale or as a breach of the bond. Buck v. Duvall, 9 Ga. App. 656, 72 S.E. 44 (1911). Measure of damages. - Jury shall ascer-

tain the value of the land at the time of the breach, and add interest thereon, and return the total amount in solido. Gibson v. Carreker, 82 Ga. 46, 9 S.E. 124 (1889). Setoff of the actual cost of purchasing a title is permitted in an action by the warrantor on a note. Hull v. Harris, 64 Ga. 309 (1879). Bond for title is evidence, in a suit for breach of warranty in the deed, to show that the defendants were bound to make plaintiff a good warranty title. Clark v. Whitehead, 47 Ga. 516 (1873). Cited in McLaren v. Irvin, 63 Ga. 275 (1879); Hull v. Harris, 64 Ga. 309 (1879).

RESEARCH REFERENCES C.J.S. - 21 C.J.S., Covenants, § 80 et seq. ALR. - Reduction of claim under contract as affecting right to interest, 89 ALR 678. Measure and amount of damages recoverable under supersedeas bond in action involving recovery or possession of real estate, 9 ALR3d 330.

Vendor and purchaser: marketability of title as affected by lien dischargeable only out of funds to be received from purchaser at closing, 53 ALR3d 678. Measure and element of damages recoverable from vendor where there has been a mistake as to amount of land conveyed, 94 ALR3d 1091.

ACQUISITION AND LOSS OF PROPERTY T.44, C.5, A.4, P.1

ARTICLE 4 GIFTS GENERALLY RESEARCH REFERENCES Am. Jur. Proof of Facts. - Proof of Decedent’s Intent That Inter Vivos Gift to Heir Constitutes Advancement, 83 POF3d 295. ALR. - Validity and construction of statutes discountenancing donations, testamentary or otherwise, between persons living in concubinage or otherwise sustaining immoral relations, 62 ALR 286. Gift or grant in terms sufficient to carry the whole property absolutely as so operating where followed by a purported limitation over of property not disposed of by the first taker, 17 ALR2d 7.

Validity and effect of provision in will or trust instrument, conditioning gift on beneficiary’s assumption or retention of family name, 38 ALR2d 1343. Validity and effect of provision or condition against alienation in gift for charitable trust or to charitable corporation, 100 ALR2d 1208. Issuance of stock certificate to joint tenants as creating gift inter vivos, 5 ALR4th 373.

Part 1 Inter Vivos Gifts RESEARCH REFERENCES ALR. - Gift of debts of third person not evidenced by commercial instrument, 3 ALR 933; 14 ALR 707. Revocability of gift by one engaged person to the other on ground of undue influence, 33 ALR 590. Gift of savings deposit by delivery of passbook, 40 ALR 1249; 84 ALR 558. Gift of interest in estate after decedent’s death, 48 ALR 223. When may gift by will or deed of trust be considered as one to a class, 75 ALR 773; 61 ALR2d 212. Declarations or admissions by decedent while in possession of personal property that it belonged to another as sufficient evidence of latter’s title in absence of sufficient evidence of gift or other transfer by decedent, 98 ALR 755. Gift or trust by deposit of funds belonging to depositor in bank account in name of himself and another, 135 ALR 993; 149 ALR 879. Improvidence of donor as affecting validity of gift, 160 ALR 1133. Nontransferable obligation as subject of gift by delivery, 161 ALR 170. Rights of party to void marriage in respect

of transfers or gifts to other in mistaken belief marriage was valid, 14 ALR2d 918. Who are within gift or grant to ‘‘offspring,’’ 23 ALR2d 842. Gift or grant to one upon marriage, if married, payable at marriage, or the like, as vested or contingent, 30 ALR2d 127. Gift of life insurance policy, 33 ALR2d 273. Donor’s own check as subject of gift, 38 ALR2d 594. Rights and incidents where title to real property purchased with wife’s funds is taken in spouses’ joint names, 43 ALR2d 917. Gift of debt to debtor, 63 ALR2d 259. Person entitled to inter vivos grant or gift to ‘‘husband,’’ ‘‘wife,’’ or ‘‘widow,’’ 71 ALR2d 1273. Gift over by implication after estate during life or until marriage, where property is expressly given over at death and first taker marries, or vice versa, 73 ALR2d 484. Right of life tenant with power to anticipate or consume principal to dispose of it by inter vivos gift, 83 ALR3d 135. Establishment of ‘‘family’’ relationship to raise presumption that services were ren-

T.44, C.5, A.4, P.1

dered gratuitously, as between persons living in same household but not related by blood or affinity, 92 ALR3d 726. Wills: gift to persons individually named but also described in terms of relationship to

testator or another as class gift, 13 ALR4th 978. Rights in respect of engagement and courtship presents when marriage does not ensue, 44 ALR5th 1.