2018 Georgia Code Annotated

TITLE 23 EQUITY

Chap.

• 1. General Provisions, 23-1-1 through 23-1-25.
• 2. Grounds for Equitable Relief, 23-2-1 through 23-2-136.
• 3. Equitable Remedies And Proceedings Generally, 23-3-1 through 23-3-127.
• 4. Equity Procedure, 23-4-1 through 23-4-38.

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

• 23-1-1. Equity jurisdiction - Vested in superior courts.
• 23-1-2. Equity jurisdiction - Scope; modes of remedy.
• 23-1-3. Equity jurisdiction - Grounds.
• 23-1-4. Effect of legal remedy on exercise of jurisdiction.
• 23-1-5. Concurrent jurisdiction of law and equity.
• 23-1-6. Nature of equity - Follows the law.
• 23-1-7. Nature of equity - Seeks to do justice.
• 23-1-8. Nature of equity - Considers done what ought to be done.
• 23-1-9. Nature of equity - Is equality.
• 23-1-10. Who would have equity must do equity.
• 23-1-11. Effect of equal equities; effect of unequal equities.
• 23-1-12. Equity of misled party superior.
• 23-1-13. Volunteer's equity inferior.
• 23-1-14. Who bears loss from act of third party.
• 23-1-15. Where both parties equally at fault; where fault is unequal.
• 23-1-16. Taking with notice of equity.
• 23-1-17. Scope of notice; ignorance due to negligence.
• 23-1-18. Pending action as notice; effect on purchaser.
• 23-1-19. Sale to one without notice; sale by one without notice.
• 23-1-20. Interference with bona fide purchaser.
• 23-1-21. Compulsion to litigate.
• 23-1-22. Interference with creditor.
• 23-1-23. Construction of conditions; relief against forfeitures.
• 23-1-24. When election between benefits compelled.
• 23-1-25. Laches.

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

Article 1 General Provisions.

• 23-2-1. When equity will set aside judgment [Repealed].
• 23-2-2. Setting aside sale or contract for inadequate consideration.
• 23-2-3. Payment of lost bonds or notes.

Article 2 Accident and Mistake.

• 23-2-20. Which accidents relievable in equity.
• 23-2-21. What mistakes relievable in equity; power to relieve to be exercised cautiously.
• 23-2-22. Mistake of law in instrument - By contracting parties.
• 23-2-23. Mistake of law in instrument - By agent.
• 23-2-24. When mistake of fact relieved.
• 23-2-25. Form of conveyance contrary to intent.
• 23-2-26. Accident or mistake in execution of power.
• 23-2-27. When equitable interference not authorized - Mere ignorance of law.
• 23-2-28. When equitable interference not authorized - Mutual ignorance of fact; mistake in judgment of value.
• 23-2-29. When equitable interference not authorized - Failure to exercise diligence; ignorance of fact absent fraud.
• 23-2-30. Reformation and execution of contract in case of mistake distinguished.
• 23-2-31. Rescission for unilateral mistake of fact.
• 23-2-32. When negligent complainant granted relief.
• 23-2-33. Mere volunteers, in general; exception for executed contracts.
• 23-2-34. Relief against original parties or privies; exception.

Article 3 Fraud.

• 23-2-50. Concurrent jurisdiction over fraud.
• 23-2-51. Fraud as actual or constructive.
• 23-2-52. Misrepresentation as legal fraud.
• 23-2-53. Suppression of fact as fraud.
• 23-2-54. Surprise as a form of fraud.
• 23-2-55. Use of similar trademarks, names, or devices.
• 23-2-56. Consummation of fraud.
• 23-2-57. Proving existence of fraud.
• 23-2-58. Confidential relations defined.
• 23-2-59. Acquisition of antagonistic rights by one in confidential relationship.
• 23-2-60. Annulment of conveyances for fraud.

Article 4 Accounting of Contribution; Apportionment; Setoff.

• 23-2-70. Scope of equity jurisdiction over matters of account.
• 23-2-71. Entitlement to contribution; when equity has jurisdiction.
• 23-2-72. Apportionment of contract, rent, or hire.
• 23-2-73. Discharge of encumbrances affecting several interests.
• 23-2-74. Burden of distinguishing mingled property.
• 23-2-75. Offer to pay balance unnecessary.
• 23-2-76. Equitable setoff.

Article 5 Administration of Assets Generally.

• 23-2-90. Legal and equitable assets defined; rules of distribution.
• 23-2-91. When equity will interfere with administration of estates.
• 23-2-92. Application for direction or construction of will.
• 23-2-93. Marshaling assets of decedent's estate.
• 23-2-94. Compelled election in marshaling assets.
• 23-2-95. Creditors' petitions.
• 23-2-96. When equitable assets may be reached by creditor.
• 23-2-97. Time limit for intervention in case disposing of assets; publication of order.
• 23-2-98. Application of joint and individual assets to debts.

Article 6 Exercise of Powers of Appointment and Sale.

• 23-2-110. Equitable jurisdiction over powers.
• 23-2-111. Exercise of discretionary powers not compellable generally.
• 23-2-112. When faithful execution of power compellable.
• 23-2-113. When equity may relieve against collusive, illusory, mistaken, etc., executions.
• 23-2-114. Powers of sale - To be construed strictly; manner of sale; who may exercise.
• 23-2-115. Powers of sale - When private sale authorized.
• 23-2-116. Powers of sale - When exercisable by successor administrator, trustee, or guardian.
• 23-2-117. Release, relinquishment, or covenant as to exercise of power of appointment - Authorized.
• 23-2-118. Release, relinquishment, or covenant as to exercise of power of appointment - To be in writing; delivery or recordation.
• 23-2-119. Release, relinquishment, or covenant as to exercise of power of appointment - When fiduciaries or bona fide purchasers affected.
• 23-2-120. Application of Code Sections 23-2-117 through 23-2-119.

Article 7 Nonperformance of Contract.

• 23-2-130. When specific performance decreed generally.
• 23-2-131. When specific performance of parol contract for land decreed; sufficient part performance.
• 23-2-132. When voluntary agreement enforced.
• 23-2-133. Inadequacy of price; unfair or unjust contracts.
• 23-2-134. Vendor's ability to comply.
• 23-2-135. Damages when specific performance impossible.
• 23-2-136. Specific personalty; damages or delivery.

Chapter 3. Equitable Remedies And Proceedings Generally, 23-3-1 through 23-3-127.

Article 1 General Provisions.

• 23-3-1. Legal and equitable rights given effect; legal and equitable remedies applied.
• 23-3-2. How equitable relief claimed.
• 23-3-3. Ancillary extraordinary remedies.
• 23-3-4. Extraordinary remedies for defendant.

Article 2 Ne Exeat.

• 23-3-20. Nature of ne exeat; when granted.
• 23-3-21. Showing required.
• 23-3-22. Verification necessary; bond and additional verification at judge's discretion.
• 23-3-23. Defendant's bond; responsibility of officer taking insufficient security.
• 23-3-24. Disposition of property.
• 23-3-25. Issuance of writ without judge's sanction.

Article 3 Quia Timet.

Part 1 CONVENTIONAL QUIA TIMET.

• 23-3-40. Purpose of quia timet.
• 23-3-41. When relief granted; costs.
• 23-3-42. Cloud on title; what constitutes; when removable.
• 23-3-43. Special master.
• 23-3-44. Redemption and notice.

Part 2 QUIA TIMET AGAINST ALL THE WORLD.

• 23-3-61. Who may bring proceeding.
• 23-3-62. Venue; contents, verification and filing of petition; filing in lis pendens docket.
• 23-3-63. Submission to special master.
• 23-3-64. Other required evidence.
• 23-3-65. Notice; process; service by publication; filing of adverse pleading; appointment of disinterested representative.
• 23-3-66. Jurisdiction of special master; trial by jury.
• 23-3-67. Decree; effect of recordation.
• 23-3-68. Compensation of master and representative; taxing as part of costs.
• 23-3-69. Intervention after entering of decree.
• 23-3-70. Joinder.
• 23-3-71. Liberal construction.
• 23-3-72. Remedy cumulative.
• 23-3-73. Enforcement of article.

Article 4 Equitable Interpleader.

• 23-3-90. Interpleader; when compelled; taxing of costs, attorney's fees.
• 23-3-91. Verification of petition.
• 23-3-92. Collateral interpleader.

Article 5 Bills of Peace.

• 23-3-110. Bill of peace; when entertained; ancillary injunction.

Article 6 Taxpayer Protection Against False Claims.

• 23-3-120. Definitions.
• 23-3-121. Submission of false information; liability; no application to taxation.
• 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.
• 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.
• 23-3-124. Venue.
• 23-3-125. Civil investigative demands.
• 23-3-126. Remedies nonexclusive; construction of provisions.
• 23-3-127. Proceedings involving Medicaid.

Chapter 4. Equity Procedure, 23-4-1 through 23-4-38.

Article 1 General Provisions.

• 23-4-1. Consolidation of actions.
• 23-4-2. How extraordinary remedies claimed.
• 23-4-3. Claim of legal and equitable relief by defendant.
• 23-4-4. Proceedings ex parte or in execution of protective powers; petition.
• 23-4-5. Receipt of and action on petition; transmittal of proceedings to clerk.

Article 2 Parties.

• 23-4-20. Who may complain in equity.

Article 3 Decrees.

• 23-4-30. Nature of decree; signature and entry.
• 23-4-31. Power of court to mold and enforce decrees.
• 23-4-32. Decree affecting property outside jurisdiction.
• 23-4-33. Decree in will or contract matters; consent of guardian or guardian ad litem.
• 23-4-34. Interlocutory decrees and orders.
• 23-4-35. Confirmation of sales under decrees.
• 23-4-36. Decree transferable; lien.
• 23-4-37. Attachments for contempt; executions against property.
• 23-4-38. Enforcement of extraordinary remedies.