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.
O.C.G.A. § 23-2-1 When equity will set aside judgment
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Reserved. Repealed by Ga. L. 1986, p. 294, § 3, effective March 26, 1986. Editor’s notes. — This Code section was based on Orig. Code 1863, § 3062; Code 1868, § 3074; Code 1873, § 3129; Code 1882, § 3129; Civil Code 1895, § 3988; Civil Code 1910, § 4585; Code 1933, § 37-220.
O.C.G.A. § 23-2-110 Scope and modes of remedy, §23-1-2
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Vested in superior courts and state-wide business court, §23-1-1. Fraud. Concurrent jurisdiction of law and equity, §23-2-50. Leaving jurisdiction of state. Ne exeat, §§23-3-20 to 23-3-25. Ne exeat. Leaving jurisdiction of the state, §§23-3-20 to 23-3-25. Power of appointment. Eq…
O.C.G.A. § 23-2-111 Execution of powers
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Faithful execution compellable, §23-2-112. EQUITY —Cont’d Powers of appointment, sale, etc. —Cont’d Execution of powers —Cont’d Relief against collusive, illusory, mistaken or defective executions, §23-2-113. Exercise by successor administrator, trustee or guardian, §23-2-116. Fa…
O.C.G.A. § 23-2-112 Illusory appointments, §23-2-113
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Jurisdiction over powers, §23-2-110. Release, relinquishment or covenant as to exercise, §23-2-117. Delivery or recordation, §23-2-118. Sections declaratory of existing law, §23-2-120. When fiduciaries or bona fide purchasers affected, §23-2-119. Writing required, §23-2-118. PRESUM…
O.C.G.A. § 23-2-113 Common carrier
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Eminent domain, §22-1-1. Condemning authority. Eminent domain, §22-1-1. Condemning body, §22-2-100. Condemnor, §§22-1-1, 22-2-1, 22-2-100. Local government condemnation for public use, §22-1-15. Confidential relations, §23-2-58. Constructive fraud, §23-2-51. Custodian. Taxpayer pr…
O.C.G.A. § 23-2-115 When private sale authorized
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Unless expressly limited in a will, deed, or other instrument creating a power of sale or unless specifically otherwise provided in such instrument, a power of sale conferred upon an executor, trustee, guardian, or attorney in fact shall authorize a private sale by the 426 23-2-11…
O.C.G.A. § 23-2-116 Trustees
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Accounting. Equity jurisdiction over matters of account, §23-2-70. U UNCONSCIONABILITY. Equity. Setting aside sale or contract for inadequate consideration, §23-2-2. UNIFORM RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT. General provisions, §§22-4-1 to 22-4-15. UNITED STA…
O.C.G.A. § 23-2-117 Delivery or recordation, §23-2-118
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Sections declaratory of existing law, §23-2-120. When fiduciaries or bona fide purchasers affected, §23-2-119. Writing required, §23-2-118.
O.C.G.A. § 23-2-119 Writing required, §23-2-118
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Writing required, §23-2-118. Powers of sale. Construed strictly, §23-2-114. Exercise after death, §23-2-114. Exercise by personal representative, transferee, etc., §23-2-114. Manner of sale, §23-2-114. When private sale authorized, §23-2-115. Private sale, §23-2-115.
O.C.G.A. § 23-2-130 When specific performance decreed generally
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Specific performance of a contract, if within the power of the party, will be decreed, generally, whenever the damages recoverable at law would not be an adequate compensation for nonperformance. History. — Orig. Code 1863, § 3118; Code 1868, § 3130; Code 1873, § 3186; Code 1882, …
O.C.G.A. § 23-2-131 When decreed, §23-2-131
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Specific personalty, §23-2-136. Unfair, unjust or against good conscience. Refusal of decree, §23-2-133. Vendor’s ability to comply, §23-2-134. Voluntary agreements. Enforced, §23-2-132. 570 INDEX EQUITY —Cont’d Specific performance —Cont’d When decreed generally, §23-2-130. Superi…
O.C.G.A. § 23-2-132 When voluntary agreement enforced
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Specific performance will not be decreed of a voluntary agreement or merely gratuitous promise. If, however, possession of lands has been given under such an agreement, upon a meritorious consideration, and valuable improvements have been made upon the faith thereof, equity will d…
O.C.G.A. § 23-2-133 Inadequacy of price; unfair or unjust contracts
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Mere inadequacy of price, though not sufficient to rescind a contract, may justify a court in refusing to decree a specific performance, as may any other fact showing the contract to be unfair, unjust, or against good conscience. History. — Orig. Code 1863, § 3122; Code 1868, § 31…
O.C.G.A. § 23-2-134 Vendor’s ability to comply
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The vendor seeking specific performance shall show an ability to comply substantially with his contract in every part and as to all the property. However, a vendor’s want of title or other inability as to part of the property shall not be a good answer to the vendee seeking perfor…
O.C.G.A. § 23-2-135 Specific personalty, §23-2-136
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DAMS. Eminent domain. Electric power plants, §§22-3-20 to 22-3-47. Right and authority to acquire by condemnation dams, §22-3-22. Watershed projects, flood-control projects, etc., by counties, §§22-3-100 to 22-3-102. DEATH. Power of sale. Exercise after grantor or donor’s death, §…
O.C.G.A. § 23-2-136 Privity
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Mutual accounts growing out of. Equity jurisdiction, §23-2-70. Reformation. In case of mistake. Distinguished from execution in case of mistake, §23-2-30. Rescission. Unilateral mistake of fact, §23-2-31. Specific performance. Grounds for equitable relief generally, §§23-2-130 to …
O.C.G.A. § 23-2-2 Law reviews
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— For article discussing effect of contracts involving fraud or inadequate consideration, see 4 Ga. L. Rev. 469 (1970). For article discussing the anachronistic nature of the Georgia Contracts Code as dramatized by comparing the doctrine of consideration as it is formulated in th…
O.C.G.A. § 23-2-20 Which accidents relievable in equity
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An accident relievable in equity is an occurrence, not the result of negligence or misconduct of the party seeking relief in relation to a contract, as was not anticipated by the parties when the contract was entered into, which gives an undue advantage to one of them over anothe…
O.C.G.A. § 23-2-21 Mistake of law or fact, §23-2-21
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Draftsman or other agent, §23-2-23. Effect of instrument on part of contracting parties, §23-2-22. Rescission for unilateral mistake, §23-2-31. When relieved, §§23-2-21, 23-2-24.
O.C.G.A. § 23-2-22 Mistake of law in instrument by contracting parties
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An honest mistake of the law as to the effect of an instrument on the part of both contracting parties, when the mistake operates as a gross injustice to one and gives an unconscionable advantage to the other, may be relieved in equity. History. — Orig. Code 1863, § 3055; Code 18…
O.C.G.A. § 23-2-23 APPEALS
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Eminent domain. Petroleum pipelines and gas pipelines. Certificate of public convenience and necessity. Review of decision to issue or deny, §22-3-83. Proceeding before assessors. Appeal to jury in superior court, §22-2-80. Effect of payment on right of appeal, §22-2-82. Effect on…
O.C.G.A. § 23-2-24 When mistake of fact relieved
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In all cases of a mistake of fact material to the contract or other matter affected by it, if the complaining party applies within a reasonable time, equity will grant relief. 300 History. — Orig. Code 1863, § 3058; Code 1868, § 3070; Code 1873, § 3125; Code 1882, § 3125; Civil C…
O.C.G.A. § 23-2-25 Form of conveyance contrary to intent
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If the form of conveyance is, by accident or mistake, contrary to the intention of the parties in their contract, equity shall interfere to make it conform thereto. History. — Orig. Code 1863, § 3047; Code 1868, § 3059; Code 1873, § 3114; Code 1882, § 3114; Civil Code 1895, § 397…
O.C.G.A. § 23-2-26 Accident or mistake in execution of power
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Accident or mistake in the execution of a power or causing the defective execution of the power will be remedied in equity. History. — Orig. Code 1863, § 3061; Code 1868, § 3073; Code 1873, § 3128; Code 1882, § 3128; Civil Code 1895, § 3986; Civil Code 1910, § 4583; Code 1933, § …
O.C.G.A. § 23-2-27 Equitable interference not authorized by mere ignorance of law
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Mere ignorance of the law on the part of the party himself, where the facts are all known and there is no misplaced confidence and no artifice, deception, or fraudulent practice is used by the other party either to induce the mistake of law or to prevent its correction, shall not a…
O.C.G.A. § 23-2-28 VENUE
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Eminent domain. Telegraph and telephone lines along railroad rights of way. Location of proceedings and hearings, §§22-3-3, 22-3-4. Quia timet against all the world, §23-3-62. VERDICTS.
O.C.G.A. § 23-2-29 Ignorance of fact
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Absent fraud, §23-2-29. Mere ignorance of law, §23-2-27. Mistake in judgment of value, §23-2-28. 564 INDEX EQUITY —Cont’d Accident and mistake —Cont’d Interference of equity not authorized —Cont’d Mutual ignorance of fact, §23-2-28. Volunteers in general, §23-2-33. Judgment of va…