Title 44 — Title 44
0 chapters · 990 sections in this title.
O.C.G.A. § 44-5-64 Action for breach of warranty — Burden of proof
0.5K chars
In actions for breach of warranty of title, the burden of proof is on the plaintiff except in cases where outstanding encumbrances have been paid off or possession has been yielded as a consequence of legal proceedings of which the warrantor had notice and an opportunity to defen…
O.C.G.A. § 44-5-65 Water rights
0.1K chars
Construction of dam or canal on nonnavigable streams. Owner controlling lands on both sides. Liability for resultant damages, §44-8-4. ACT OF GOD.
O.C.G.A. § 44-5-66 Action for breach of warranty — Measure of damages
0.6K chars
Upon a breach of a covenant of warranty of title to land, the damages awarded should be the purchase money with interest thereon from the time of sale unless the jury determines, under the circumstances of the case, that the use of the premises was equal to the interest on the mo…
O.C.G.A. § 44-5-67 Wills
0.7K chars
Elections under wills applicable to deeds, §44-5-37. Witnesses. Attestation by witness and officer of deed to lands, §44-5-30. Writing required of deed to lands, §44-5-30. 964 INDEX DEEDS OF TRUST. Acceleration provisions. Prohibited practices in connection with residential real …
O.C.G.A. § 44-5-7 Trial in superior court
0.5K chars
If it is unclear whether the proposed correction would interfere with the vested rights of others, the Governor may cause an issue to be made and certify the same to the superior court of the county where the land is located, requiring the court to cause the issue to be tried bef…
O.C.G.A. § 44-5-8 Filing and preserving papers and evidence
0.3K chars
All the papers and evidence upon every application made pursuant to Code Section 44-5-5 shall be filed and preserved in the office of the Governor. (Orig. Code 1863, § 2329; Code 1868, § 2326; Code 1873, § 2357; Code 1882, § 2357; Civil Code 1895, § 3216; Civil Code 1910, § 3804;…
O.C.G.A. § 44-5-80 Limitation of actions
0.7K chars
Avoidance of gifts by persons subject to undue influence, §44-5-86. Minors. Acceptance for minors, §44-5-81. 1006 INDEX GIFTS —Cont’d Inter vivos gifts —Cont’d Minors —Cont’d Delivery of personalty by parent to child living separate from parent. Presumption of gift arising from, §…
O.C.G.A. § 44-5-81 When acceptance presumed; acceptance for minors and corporations
0.4K chars
If a gift is of substantial benefit, the law will presume its acceptance unless the contrary is shown. A parent, guardian, or friend may accept a gift for a minor. The officers of a corporation may accept a gift for the corporation. (Orig. Code 1863, § 2615; Code 1868, § 2616; Co…
O.C.G.A. § 44-5-82 Delivery; constructive delivery
0.4K chars
Actual manual delivery is not essential to the validity of a gift. Any act which indicates a renunciation of dominion by the donor and the transfer of dominion to the donee shall constitute a constructive delivery. (Orig. Code 1863, § 2617; Code 1868, § 2618; Code 1873, § 2660; C…
O.C.G.A. § 44-5-83 Written gift
0.6K chars
A gift in writing, without good consideration and without delivery, is void. However, when, in order for a gift to be valid, a written conveyance for good consideration is required by law, or when in any case a written conveyance is made for a good consideration, the execution an…
O.C.G.A. § 44-5-84 Mortgages
1.9K chars
Cancellation of personalty mortgage by grantee upon payment in full. Furnishing of cancellation, §44-14-3. Crops. Security agreements relating to crops, §§44-14-100, 44-14-101. Foreclosures. Generally, §§44-14-230 to 44-14-303. Mortgages generally, §§44-14-180 to 44-14-191. Forth…
O.C.G.A. § 44-5-85 Purposes for which gift made
0.5K chars
Implied trust on failure of specific purpose, §44-5-87. Undue influence. Gifts by persons subject to, §44-5-86. Avoidance within five years after making of gift, §44-5-86. Void gifts. Gifts against creditors and bona fide purchasers, §44-5-88. Gifts by persons subject to undue influen…
O.C.G.A. § 44-5-86 Gifts by person subject to undue influence; avoidance
0.7K chars
A gift by a person who is just over the age of majority or who is particularly susceptible to be unduly influenced by his parent, guardian, trustee, attorney, or other person standing in a similar confidential relationship to one of such persons shall be closely scrutinized. Upon…
O.C.G.A. § 44-5-87 Implied trust on failure of specific purpose for which gift made
0.4K chars
If a gift is made for a specific purpose which is either expressed or is secretly understood and the purpose is illegal or from some other cause fails or cannot be accomplished, the donee shall hold the object of the gift as trustee for the donor or his next of kin. (Orig. Code 1…
O.C.G.A. § 44-5-88 Gifts void against creditors and bona fide purchasers
0.4K chars
(a) An insolvent person may not make a valid gift to the injury of his existing creditors. (b) When partial or complete possession of property remains with the donor, every parol gift thereof shall be void against bona fide creditors and bona fide purchasers without notice. (Orig…
O.C.G.A. § 44-5-89 Land registration
0.9K chars
Bringing and defending actions for minors and other persons under disability, §44-2-62. Partition. Applications for benefit of minors, mentally ill or retarded persons, §44-6-161. Service of notice of intention to apply for writ on, §44-6-162. Transfers to minors. Irrevocable tran…
O.C.G.A. § 44-5-9 Subdivisions
0.5K chars
Sale of subdivided land. Liability of advertisers for contents of advertisement. Actual knowledge of falsity required, §44-3-8. Time shares. False advertising, §44-3-185. Offering of gifts or prizes, §44-3-187. Statements or representations prohibited, §44-3-186. AFFIDAVITS. Bank…