Title 23 — Equity
0 chapters · 135 sections in this title.
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 Who may complain in equity, §23-4-20
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Quia timet against all the world. Joinder, §23-3-70. PARTNERSHIPS. Accounts and accounting. Between partners. Equity jurisdiction, §23-2-70. Confidential relations. Defined, §23-2-58. PERSONAL PROPERTY. Equitable relief for nonperformance of contract. Specific personalty, §23-2-136.…
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. § 23-1-16 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 Ignorance of fact
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When equitable interference not authorized. Absent fraud, §23-2-29. Mutual ignorance, §23-2-28. Ignorance of law. When equitable interference not authorized. Mere ignorance, §23-2-27. Inadequate consideration. Setting aside sale or contract, §23-2-2. Injunctions. Bill of peace. A…
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 Compulsion to litigate, §23-1-21
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Concurrent jurisdiction of law and equity, §23-1-5. Conditions. Construction, §23-1-23. Consideration. Setting aside sale or contract for inadequate consideration, §23-2-2. Considers done what ought to be done, §23-1-8. Consolidation of actions, §23-4-1. Construction of condition…
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 Effect of legal remedy on exercise of jurisdiction
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Equity will not take cognizance of a plain legal right where an adequate and complete remedy is provided by law; but the mere privilege of a party to bring an action at law or the existence of a common-law remedy not as complete or effectual as the equitable relief shall not depr…
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 Equity seeks to do justice
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Equity seeks always to do complete justice. Hence, having the parties before the court rightfully, it will proceed to give full relief to all parties in reference to the subject matter of the action, provided the court has jurisdiction for that purpose. History. — Orig. Code 1863…
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.