Title 23 — Equity
0 chapters · 135 sections in this title.
O.C.G.A. § 23-3-40 Purpose of quia timet
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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…
O.C.G.A. § 23-3-41 When relief granted; costs
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(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…
O.C.G.A. § 23-3-42 Cloud on title; what constitutes; when removable
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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 …
O.C.G.A. § 23-3-43 Special master
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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…
O.C.G.A. § 23-3-44 REFORMATION
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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…
O.C.G.A. § 23-3-60 Sacks v
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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…
O.C.G.A. § 23-3-61 Cloud on title
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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…
O.C.G.A. § 23-3-62 Petitions, §23-3-62
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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…
O.C.G.A. § 23-3-63 Submission to special master
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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. …
O.C.G.A. § 23-3-64 ACCIDENTS
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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…
O.C.G.A. § 23-3-65 Compensation, §23-3-68
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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.
O.C.G.A. § 23-3-66 Jurisdiction of special master; trial by jury
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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…
O.C.G.A. § 23-3-67 Decree; effect of recordation
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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 …
O.C.G.A. § 23-3-69 Intervention after entering of decree
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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…
O.C.G.A. § 23-3-70 Joinder
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(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…
O.C.G.A. § 23-3-71 Liberal construction
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This part shall be liberally construed. History. — Ga. L. 1966, p. 443, § 12. 490 23-3-90
O.C.G.A. § 23-3-72 Decree, §23-3-67
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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-…
O.C.G.A. § 23-3-73 CLAIMS
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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…
O.C.G.A. § 23-3-90 Interpleader; when compelled; taxing of costs, attorney’s fees
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(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…
O.C.G.A. § 23-3-91 Verification of petition
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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…
O.C.G.A. § 23-3-92 Attorneys’ fees, §23-3-90
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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…
O.C.G.A. § 23-4-1 Consolidation of actions
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Where there is one common claim to be asserted by or against several, and one is asserting the claim against many, or many against one, the court may utilize equitable powers to consolidate and determine the whole matter in one action. History. — Civil Code 1895, § 4846; Civil Co…
O.C.G.A. § 23-4-2 How extraordinary remedies claimed
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A claim for extraordinary relief or remedy to aid an action or defense may be asserted either by original pleading or by amendment. History. — Ga. L. 1887, p. 64, § 4; Civil Code 1895, § 4839; Civil Code 1910, § 5412; Code 1933, § 37-907.
O.C.G.A. § 23-4-20 Who may complain in equity
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Any person who may not bring an action at law may complain in equity and every person who is remediless elsewhere may claim the protection and assistance of equity to enforce any right recognized by the law. History. — Orig. Code 1863, § 4090; Code 1868, § 4119; Code 1873, § 4178…
O.C.G.A. § 23-4-3 Claim of legal and equitable relief by defendant
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A defendant to any action in the superior court or in the Georgia State-wide Business Court, whether the action is for legal or equitable relief, may claim legal or equitable relief, or both, by framing proper pleadings for that purpose and sustaining them by sufficient evidence.…
O.C.G.A. § 23-4-30 Nature of decree; signature and entry
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A decree is the judgment of the judge in equitable proceedings upon the facts ascertained and should be signed by him and entered on the minutes of the court. History. — Orig. Code 1863, § 4122; Code 1868, § 4153; Code 1873, § 4212; Code 1882, § 4212; Civil Code 1895, § 4851; Civ…
O.C.G.A. § 23-4-31 Bills of peace, §23-3-110
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Bona fide purchaser. Interference with, §23-1-20. Protection, §23-1-19. Bonds, surety. Payment of lost bonds, §23-2-3. Business court, state-wide. Jurisdiction vested in, §23-1-1. Claim of legal and equitable relief by defendant, §23-4-3. Clean hands doctrine. Who would have equit…
O.C.G.A. § 23-4-32 Decree affecting property outside jurisdiction
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Equity may decree in cases of fraud, trust, or contract, although property not within the jurisdiction may be affected by the decree. History. — Civil Code 1895, § 4854; Civil Code 1910, § 5427; Code 1933, § 37-1204. History of Code section. — This Code section is derived from th…
O.C.G.A. § 23-4-34 Liens, §23-4-36
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Molding, §23-4-31. Nature, §23-4-30. Property outside jurisdiction, §23-4-32. Sales. Confirmation, §23-4-35. Signature, §23-4-30. Transferability, §23-4-36. Wills, §23-4-33. Defendant’s extraordinary remedies, §23-3-4. Delays rendering ascertainment of truth difficult. Laches, §23…
O.C.G.A. § 23-4-35 Confirmation of sales under decrees
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Sales under decrees in equity shall be subject to confirmation by the judge, who has a large discretion vested in him in reference thereto. Such sales shall not be consummated until confirmed by him. History. — Civil Code 1895, § 4856; Civil Code 1910, § 5429; Code 1933, § 37-1206.…
O.C.G.A. § 23-4-36 Decree transferable; lien
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A decree shall be transferable like other judgments and, when for money, shall constitute a like lien. 542 History. — Orig. Code 1863, § 4126; Code 1868, § 4158; Code 1873, § 4217; Code 1882, § 4217; Civil Code 1895, 23-4-37 § 4859; Civil Code 1910, § 5432; Code 1933, § 37-1209.
O.C.G.A. § 23-4-37 Attachments for contempt; executions against property
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Every decree or order of a superior court or the Georgia State-wide Business Court in equitable proceedings may be enforced by attachment against the person for contempt. Decrees for money may be enforced by execution against the property. If a decree is partly for money and part…
O.C.G.A. § 23-4-38 Who may complain in equity
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Nature of decree; signature and entry. Power of court to mold and enforce decrees. Decree affecting property outside jurisdiction. Decree in will or contract matters; consent of guardian or guardian ad litem. Interlocutory decrees and orders. Confirmation of sales under decrees. D…
O.C.G.A. § 23-4-4 Proceedings ex parte or in execution of protective powers; petition
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All ex parte proceedings or proceedings for the execution of the protective powers of equity over trust estates or the estates of wards of equity shall be initiated by presenting a petition to the court. The court may order such other proceedings as the necessity of each case dem…
O.C.G.A. § 23-4-5 Receipt of and action on petition; transmittal of proceedings to clerk
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The judge may receive and act upon the petitions described in Code Section 23-4-4 at chambers, always transmitting the entire proceedings to the clerk to be entered on the minutes or other records of the court. 533 History. — Ga. L. 1853-54, p. 59, § 1; Code 1863, § 4131; Code 18…