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Georgia Statutes, Title 23

Georgia/Statutes

← All Georgia coverage

Title 23

4 chapters · 143 sections in this title.

All chapters in Title 23143 Ch 2, GROUNDS FOR EQUITABLE RELIEF62 Ch 3, EQUITABLE REMEDIES AND PROCEEDINGS G…41 Ch 1, GENERAL PROVISIONS25 Ch 4, EQUITY PROCEDURE15

25 sections·Filtered byTitle 23✕Ch 1✕

O.C.G.A. § 23-1-1 Equity jurisdiction vested in superior courts and State-wide Business Court
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All equity jurisdiction shall be vested in the superior courts of the several counties and in the Georgia State-wide Business Court as provided in Code Section 15-5A-3. History. — Laws 1799, Cobb’s 1851 Digest, p. 467; Code 1863, § 3013; Code 1868, § 3025; Code 1873, § 3080; Code…
O.C.G.A. § 23-1-10 Who would have equity must do equity
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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. History. — Orig. Code 1863, § 3017; Code 1868, § 3029; Code 1873, § 3084; Code 1882, § 3084; Civil Code 1895, § 3924; Civil Code 19…
O.C.G.A. § 23-1-11 Effect of equal equities; effect of unequal equities
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Where equities are equal, the law shall prevail. If equities are unequal, the superior equity shall prevail. Superior diligence as to time will create such inequality. History. — Orig. Code 1863, § 3020; Code 1868, § 3032; Code 1873, § 3087; Code 1882, § 3087; Civil Code 1895, § …
O.C.G.A. § 23-1-12 Equity jurisdiction vested in superior courts and State-wide Business Court

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Scope of equity jurisdiction; modes of remedy. Grounds for equity jurisdiction. Effect of legal remedy on exercise of jurisdiction. Concurrent jurisdiction of law and equity. Equity follows the law. Equity seeks to do justice. Equity considers done what ought to be done. Nature o…

O.C.G.A. § 23-1-13 Volunteer’s equity inferior

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The equity under trust or contract for value is superior to that of a mere volunteer. History. — Orig. Code 1863, § 3021; Code 1868, § 3033; Code 1873, § 3088; Code 1882, § 3088; Civil Code 1895, § 3928; Civil Code 1910, § 4525; Code 1933, § 37-108.

O.C.G.A. § 23-1-14 Who bears loss from act of third party

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When one of two innocent persons must suffer by the act of a third person, he who put it in the power of the third person to inﬂict the injury shall bear the loss. History. — Civil Code 1895, § 3940; Civil Code 1910, § 4537; Code 1933, § 37-113. History of Code section. — The lan…

O.C.G.A. § 23-1-15 Where both parties equally at fault; where fault is unequal

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When both parties are equally at fault, equity will not interfere but will leave them where it ﬁnds them. The rule is otherwise if the fault of one decidedly overbalances that of the other. History. — Orig. Code 1863, § 3026; Code 1868, § 3038; Code 1873, § 3093; Code 1882, § 309…

O.C.G.A. § 23-1-16 Taking with notice of equity

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He who takes with notice of an equity takes subject to that equity. History. — Orig. Code 1863, § 3024; Code 1868, § 3036; Code 1873, § 3091; Code 1882, § 3091; Civil Code 1895, § 3932; Civil Code 1910, § 4529; Code 1933, § 37-115.

O.C.G.A. § 23-1-17 Scope of notice; ignorance due to negligence

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Notice sufficient to excite attention and put a party on inquiry shall be notice of everything to which it is afterwards found that such inquiry might have led. Ignorance of a fact due to negligence shall be equivalent to knowledge in ﬁxing the rights of parties. History. — Civil…

O.C.G.A. § 23-1-18 Pending action as notice; effect on purchaser

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Decrees ordinarily bind only parties and their privies; but a pending action shall be a general notice of an equity or claim to all the world from the time the action is ﬁled and docketed. If the same is duly prosecuted and is not collusive, one who purchases pending the ﬁnal out…

O.C.G.A. § 23-1-19 Sale to one without notice; sale by one without notice

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If one with notice sells to one without notice, the latter shall be protected. If one without notice sells to one with notice, the latter shall be protected, as otherwise a bona ﬁde purchaser might be deprived of selling his property for full value. History. — Civil Code 1895, § …

O.C.G.A. § 23-1-2 Scope of equity jurisdiction; modes of remedy

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Generally, equity jurisprudence embraces the same matters of jurisdiction and modes of remedy as were allowed and practiced in England. History. — Orig. Code 1863, § 3033; Code 1868, § 3045; Code 1873, § 3100; Code 1882, § 3100; Civil Code 1895, § 3945; Civil Code 1910, § 4542; C…

O.C.G.A. § 23-1-20 Interference with bona ﬁde purchaser

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A bona ﬁde purchaser for value without notice of an equity will not be interfered with by equity. History. — Orig. Code 1863, § 3025; Code 1868, § 3037; Code 1873, § 3092; Code 1882, § 3092; Civil Code 1895, § 3934; Civil Code 1910, § 4531; Code 1933, § 37-111.

O.C.G.A. § 23-1-21 Compulsion to litigate

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Equity will not force persons to litigate in order to have done what they ought to do and are willing to do voluntarily. History. — Civil Code 1895, § 3935; Civil Code 1910, § 4532; Code 1933, § 37-118. History of Code section. — This Code section is derived from the decisions in…

O.C.G.A. § 23-1-22 Interference with creditor

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A diligent creditor shall not needlessly be interfered with in the prosecution of his legal remedies. History. — Civil Code 1895, § 3942; Civil Code 1910, § 4539; Code 1933, § 37-121. History of Code section. — This Code section is derived from the decision in Burgwyn Bros. Tobac…

O.C.G.A. § 23-1-23 Construction of conditions; relief against forfeitures

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Where the rules of construction will allow, equity seeks always to construe conditions subsequent into covenants and to relieve against forfeitures. History. — Orig. Code 1863, § 3048; Code 1868, § 3060; Code 1873, § 3115; Code 1882, § 3115; Civil Code 1895, § 3971; Civil Code 19…

O.C.G.A. § 23-1-24 When election between beneﬁts compelled

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A case of election arises whenever a person is entitled to one of two beneﬁts, to each of which he has legal title; but the enforcement of both would be unconscionable and inequitable to others having claims upon the same property or fund. In such cases equity may compel an elect…

O.C.G.A. § 23-1-25 Volunteer’s equity inferior

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Who bears loss from act of third party. Where both parties equally at fault; where fault is unequal. Taking with notice of equity. Scope of notice; ignorance due to negligence. Pending action as notice; effect on purchaser. Sale to one without notice; sale by one without notice. …

O.C.G.A. § 23-1-3 Grounds for equity jurisdiction

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Equity jurisdiction is established and allowed for the protection and relief of parties where, from any peculiar circumstances, the operation of the general rules of law would be deﬁcient in protecting from anticipated wrong or relieving for injuries done. History. — Orig. Code 1…

O.C.G.A. § 23-1-4 CLAIMS —Cont’d Taxpayer protection against false claims, §§23-3-120 to 23-3-127

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CLAIMS AGAINST COUNTIES. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. CLAIMS AGAINST LOCAL GOVERNMENT ENTITIES. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. CLEAN HANDS DOCTRINE. Who would have equity must do equity, §23-1-10. CLEAR CUTS.…

O.C.G.A. § 23-1-5 Concurrent jurisdiction of law and equity

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Where law and equity have concurrent jurisdiction, whichever ﬁrst takes jurisdiction shall retain it, unless a good reason shall be given for the interference of equity. History. — Orig. Code 1863, § 3029; Code 1868, § 3041; Code 1873, § 3096; Code 1882, § 3096; Civil Code 1895, …

O.C.G.A. § 23-1-6 Equity follows the law

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Equity is ancillary, not antagonistic, to the law; hence, equity follows the law where the rule of law is applicable and follows the analogy of the law where no rule is directly applicable. History. — Orig. Code 1863, § 3016; Code 1868, § 3028; Code 1873, § 3083; Code 1882, § 308…

O.C.G.A. § 23-1-7 General provisions, §§23-1-1 to 23-1-25

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Grounds for equitable relief. Accident and mistake generally, §§23-2-20 to 23-2-34. Accounting of funds, goods, etc., generally, §§23-2-70 to 23-2-76. Administration of assets generally, §§23-2-90 to 23-2-98. Bonds. Payment of lost bonds, §23-2-3. Consideration. Inadequate consid…

O.C.G.A. § 23-1-8 Equity considers done what ought to be done

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Equity considers that done which ought to be done and directs its relief accordingly. History. — Orig. Code 1863, § 3019; Code 1868, § 3031; Code 1873, § 3086; Code 1882, § 3086; Civil Code 1895, § 3926; Civil Code 1910, § 4523; Code 1933, § 37-106.

O.C.G.A. § 23-1-9 Nature of equity is equality

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In many cases, equality is equity in the distribution of equitable assets. History. — Orig. Code 1863, § 3023; Code 1868, § 3035; Code 1873, § 3090; Code 1882, § 3090; Civil Code 1895, § 3930; Civil Code 1910, § 4527; Code 1933, § 37-110.