Title 23 — Equity

(a) It being the interest of this state that there shall be an end of litigation, equity will entertain a bill of peace: (1) To confirm some right which has been previously satisfactorily established by more than one legal trial and is likely to be litigated again; (2) To avoid a …

As used in this article, the term: (1) ‘‘Claim’’ means any request or demand, whether under a contract or otherwise, for money or property, and whether or not this state or a local government has title to such money or property that is: (A) Presented to an officer, employee, or a…

(a) Any person, firm, corporation, or other legal entity that: (1) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulen…

Designation, §23-3-125. Taking of oral testimony, §23-3-125. Final judgment in criminal proceeding, effect on civil action, §23-3-123. Interrogatories. Civil investigative demand, §23-3-125. Intervention in action by governmental entity, §§23-3-122, 23-3-123. TAXPAYER PROTECTION …

TELEGRAPHS. Eminent domain. Telegraph and telephone lines along railroad rights of way, §§22-3-1 to 22-3-4. Evidence upon which findings may be based, §22-3-4. Form of assessors’ findings, §22-3-3. Notice of condemnation, §22-3-1. Manner of service, §22-3-2. One proceeding, §22-3-3…

All civil actions brought under this article in a court of this state shall be brought in the county where the defendant or any one defendant, in the case of multiple defendants or defendants who are not residents of the State of Georgia, resides, can be found, transacts business…

(a) As used in this Code section, the term: (1) ‘‘Custodian’’ means the custodian, or any deputy custodian, designated by the Attorney General under paragraph (1) of subsection (j) of this Code section. (2) ‘‘Documentary material’’ includes the original or any copy of any book, r…

(a) The provisions of this article shall not be deemed exclusive, and the remedies provided for in this article shall be in addition to any other remedies provided for in any other law or available under common law. (b) This article shall be broadly construed and applied to promo…

Eminent domain. Proceeding before superior courts. Actions by court to discharge lien, §22-2-140. Relocation assistance and land acquisition. Eminent domain. Effect of chapter on power to tax, §22-4-12. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. TAXPAYER PR…

Any person may, in any civil action, claim equitable relief by appropriate and sufficient pleadings and obtain the equitable relief proper in the case. History. — Ga. L. 1884-85, p. 36, § 1; Civil Code 1895, § 4834; Civil Code 1910, § 5407; Code 1933, § 37-902.

The writ of ne exeat shall issue to restrain a person from leaving the jurisdiction of the state. The writ may be granted in the following cases: (1) In favor of an obligor, promisor, or partner, against his co-obligor, joint promisor, or copartner equally or partly responsible w…

In every case of application for a writ of ne exeat, the complaining party shall show that no adequate remedy is afforded at law, and that the defendant is removing or about to remove himself, his property, or the specific property to which the complainant claims title or an inter…

(a) In every application for a writ of ne exeat, the petition or motion must be verified by one or more of the complainants. (b) The judge may, in his discretion, require the complainant to give bond and security for the payment of any damages which the defendant may recover from …

The defendant may relieve himself, his property, or the specific property from the restraint imposed by giving bond in double the value of plaintiff’s claim, with good security, to the officer serving the process, for the forthcoming of each or either, according to the tenor of th…

If the defendant fails or refuses to replevy the property, the court may, in its discretion, make such disposition of it as shall appear most advantageous to all parties. History. — Orig. Code 1863, § 3150; Code 1868, § 3162; Code 1873, § 3229; Code 1882, § 3229; Civil Code 1895,…

MULTIPLICITY OF ACTIONS. Bill of peace to avoid, §23-3-110. MUNICIPAL CORPORATIONS. Claims against local government entities. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. Eminent domain. Declaration of taking method. Authorization to utilize, §22-3-140. Proce…

Enforcement, §23-4-38. For defendant, §23-3-4. How claimed, §23-4-2. Fault. Parties equally at fault, §23-1-15. Party’s fault unequal, §23-1-15. Follows analogy of law. Where no rule directly applicable, §23-1-6. EQUITY —Cont’d Follows the law, §23-1-6. Where rule of law applicab…

Any defendant may, by proper pleadings and sufficient evidence, obtain the benefit of extraordinary remedies allowed in equitable proceedings by the superior court. History. — Ga. L. 1884-85, p. 36, § 2; Civil Code 1895, § 4838; Civil Code 1910, § 5411; Code 1933, § 37-906.

The proceeding quia timet is sustained in equity for the purpose of causing to be delivered and canceled any instrument which has answered the object of its creation or any forged or other iniquitous deed or other writing which, though not enforced at the time, either casts a clo…

(a) In all proceedings quia timet or proceedings to remove clouds upon titles to real estate, if a proper case is made, the relief sought shall be granted to any complainant irrespective of whether the invalidity of the instrument sought to be canceled appears upon the face of th…

An instrument which, by itself or in connection with proof of possession by a former occupant or other extrinsic facts, gives the claimant thereunder an apparent right in or to the property may constitute a cloud on the title of the true owner; and the latter may proceed to have …

At the option of the complainant as prayed for in the complaint, the court, upon receipt of the complaint, shall submit the same to a special master as provided for in Code Sections 23-3-63 through 23-3-68, except that as in other equity cases there shall be no right to a jury tr…

Contracts. Accident and mistake. Reformation and execution in case of mistake distinguished, §23-2-30. RELEASES. Power of appointment. Release, relinquishment or covenant as to exercise, §23-2-117. Delivery or recordation, §23-2-118. Sections declaratory of existing law, §23-2-12…

Martin, 284 Ga. 712, 670 S.E.2d 417 (2008). It was not error for the trial court to adopt the special master’s conclusion that title to certain property was vested in a landowner’s neighbor because the neighbor’s quitclaim deed was the only deed placed before the special master t…

What constitutes, §23-3-42. When removable, §23-3-42. Costs, §23-3-41. Purpose, §23-3-40. Removal of cloud on title, §23-3-42. Special masters. Conventional quia timet, §23-3-43. Quia timet against all the world, §§23-3-63 to 23-3-68. When relief granted, §23-3-41. Relief. How cl…

Publication. Service by, §23-3-65. Purposes, §23-3-60. Recordation of decree, §23-3-67. Service of process, §23-3-65. Special masters. Compensation, §23-3-68. Jurisdiction, §23-3-66. Submission to, §23-3-63. Standing, municipalities, counties and housing authorities, §23-3-73. Ve…

The court, upon receipt of the petition together with the plat and instruments filed therewith, shall submit the same to a special master who shall be a person who is authorized to practice law in this state and is a resident of the judicial circuit wherein the action is brought. …

Equity. Accident and mistake. Grounds for equitable relief generally, §§23-2-20 to 23-2-34. ACCOUNTS AND ACCOUNTING. Contracts. Mutual accounts growing out of privity of contract. Equity jurisdiction, §23-2-70. Discovery. Equity jurisdiction over matters of account, §23-2-70. Equ…

Service of process. Eminent domain. Proceeding before special masters. Service on persons laboring under disabilities, §22-2-107. IN CHAMBERS. Equity procedure. Receipt of and action on petitions, §23-4-5. INJUNCTIONS.

Upon reasonable notice to the parties, after proof of serving notice as required by this article has been filed and after the appointment of the disinterested person as representative where required, the special master shall have complete jurisdiction within the scope of the plead…

Upon the receipt of the master’s report or upon a jury verdict, the court shall issue a decree which shall be recorded in the office of the 487 23-3-67 clerk of the superior court of the county or counties wherein the land affected lies and which, when recorded, shall operate to …

At any time within 30 days from the entering of the final decree, any person not previously a party who claims an interest in the land may 489 23-3-71 intervene, in which event the case shall be reopened as to that party so that his rights may be adjudicated. History. — Ga. L. 196…

(a) Two or more persons having separate and distinct parcels of land in the same county and holding under the same source of title or persons having separate and distinct interests in the same parcel or parcels may join in a petition under this part against the same supposed clai…

This part shall be liberally construed. History. — Ga. L. 1966, p. 443, § 12. 490 23-3-90

Disinterested representative. Appointment, §23-3-65. Compensation, §23-3-68. Enforcement, standing, §23-3-73. Evidence, §23-3-64. Guardian ad litem. Appointment, §23-3-65. Compensation, §23-3-68. Intervention after entering of decree, §23-3-69. Joinder, §23-3-70. Jury trial, §23-…

False claims. Taxpayer protection against false claims, §§23-3-120 to 23-3-127. 547 INDEX COMMON LAW. Equity. Apportionment of contract for rent or hire rendering common law remedy incomplete. Subject of equitable jurisdiction, §23-2-72. Common law remedies not as complete as equ…

(a) Whenever a person is possessed of property or funds or owes a debt or duty, to which more than one person lays claim of such a character as to render it doubtful or dangerous for the holder to act, he may apply to equity to compel the claimants to interplead. (b) If the perso…

Every petition for interpleader shall be verified and shall show that the petitioner is not in collusion with any party claiming the property. History. — Civil Code 1895, § 4897; Civil Code 1910, § 5472; Code 1933, § 37-1504. History of Code section. — This Code section is derived…

Collateral interpleader, §23-3-92. Costs, §23-3-90. Verification of petition, §23-3-91. When compelled, §23-3-90. INTERPRETATION AND CONSTRUCTION. Eminent domain. Electric power plants. Right to flood roads and highways. Actions of property owners and public utilities, §22-3-47. Ex…