O.C.G.A. § 23-3-121 — GA Code / Title 23 / Chapter 3 / Section 23-3-121
Georgia Code Title 23. Equity § 23-3-121
Status: in_force

(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 fraudulent claim; (3) Conspires to commit a violation of paragraph (1), (2), (4), (5), (6), or (7) of this subsection; (4) Has possession, custody, or control of property or money used, or to be used, by the state or local government and knowingly delivers, or causes to be delivered, less than all of that money or property; (5) Being authorized to make or deliver a document certifying receipt of property used, or to be used, by the state or local government and, intending to defraud the state or local government, makes or delivers the receipt without completely knowing that the information on the receipt is true; (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the state or local government who lawfully may not sell or pledge the property; or (7) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or local government, or knowingly conceals, knowingly and improperly avoids, or decreases an obligation to pay or transmit money or property to the state or a local government shall be liable to the State of Georgia for a civil penalty of not less than $5,500.00 and not more than $11,000.00 for each false or fraudulent claim, plus three times the amount of damages which the state or local government sustains because of the act of such person.

(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;

(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 fraudulent claim;

(2) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim;

(3) Conspires to commit a violation of paragraph (1), (2), (4), (5), (6), or (7) of this subsection;

(3) Conspires to commit a violation of paragraph (1), (2), (4), (5), (6), or (7) of this subsection;

(4) Has possession, custody, or control of property or money used, or to be used, by the state or local government and knowingly delivers, or causes to be delivered, less than all of that money or property;

(4) Has possession, custody, or control of property or money used, or to be used, by the state or local government and knowingly delivers, or causes to be delivered, less than all of that money or property;

(5) Being authorized to make or deliver a document certifying receipt of property used, or to be used, by the state or local government and, intending to defraud the state or local government, makes or delivers the receipt without completely knowing that the information on the receipt is true;

(5) Being authorized to make or deliver a document certifying receipt of property used, or to be used, by the state or local government and, intending to defraud the state or local government, makes or delivers the receipt without completely knowing that the information on the receipt is true;

(6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the state or local government who lawfully may not sell or pledge the property; or

(6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the state or local government who lawfully may not sell or pledge the property; or

(7) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or local government, or knowingly conceals, knowingly and improperly avoids, or decreases an obligation to pay or transmit money or property to the state or a local government

(7) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or local government, or knowingly conceals, knowingly and improperly avoids, or decreases an obligation to pay or transmit money or property to the state or a local government

shall be liable to the State of Georgia for a civil penalty of not less than $5,500.00 and not more than $11,000.00 for each false or fraudulent claim, plus three times the amount of damages which the state or local government sustains because of the act of such person.

(b) The provisions of subsection (a) of this Code section notwithstanding, if the court finds that: (1) The person committing the violation of this subsection furnished officials of the state or local government responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information; (2) Such person fully cooperated with any government investigation of such violation; and (3) At the time such person furnished the state or local government with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this article with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not more than two times the amount of the actual damages which the state or local government sustained because of the act of such person.

(b) The provisions of subsection (a) of this Code section notwithstanding, if the court finds that:

(1) The person committing the violation of this subsection furnished officials of the state or local government responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information;

(1) The person committing the violation of this subsection furnished officials of the state or local government responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information;

(2) Such person fully cooperated with any government investigation of such violation; and

(2) Such person fully cooperated with any government investigation of such violation; and

(3) At the time such person furnished the state or local government with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this article with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not more than two times the amount of the actual damages which the state or local government sustained because of the act of such person.

(3) At the time such person furnished the state or local government with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this article with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation,

the court may assess not more than two times the amount of the actual damages which the state or local government sustained because of the act of such person.

(c) A person violating any provision of this Code section shall also be liable to the state or local government for all costs, reasonable expenses, and reasonable attorney's fees incurred by the state or local government in prosecuting a civil action brought to recover the damages and penalties provided under this article.

(c) A person violating any provision of this Code section shall also be liable to the state or local government for all costs, reasonable expenses, and reasonable attorney's fees incurred by the state or local government in prosecuting a civil action brought to recover the damages and penalties provided under this article.

(d) Any information furnished pursuant to paragraph (2) of subsection (b) of this Code section shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50.

(d) Any information furnished pursuant to paragraph (2) of subsection (b) of this Code section shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50.

(e) This Code section shall not apply to claims, records, or statements made concerning taxes under the revenue laws of this state.

(e) This Code section shall not apply to claims, records, or statements made concerning taxes under the revenue laws of this state.
O.C.G.A. § 23-2-57 — GA Code / Title 23 / Chapter 2 / Section 23-2-57
Georgia Code Title 23. Equity § 23-2-57
Status: in_force

Fraud may not be presumed but, being in itself subtle, slight circumstances may be sufficient to carry conviction of its existence.
O.C.G.A. § 23-1-24 — GA Code / Title 23 / Chapter 1 / Section 23-1-24
Georgia Code Title 23. Equity § 23-1-24
Status: in_force

A case of election arises whenever a person is entitled to one of two benefits, to each of which he has legal title; but the enforcement of both would be unconscionable and inequitable to others having claims upon the same property or fund. In such cases equity may compel an election.
O.C.G.A. § 23-4-1 — GA Code / Title 23 / Chapter 4 / Section 23-4-1
Georgia Code Title 23. Equity § 23-4-1
Status: in_force

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.
O.C.G.A. § 23-3-4 — GA Code / Title 23 / Chapter 3 / Section 23-3-4
Georgia Code Title 23. Equity § 23-3-4
Status: in_force

Any defendant may, by proper pleadings and sufficient evidence, obtain the benefit of extraordinary remedies allowed in equitable proceedings by the superior court.
O.C.G.A. § 23-3-24 — GA Code / Title 23 / Chapter 3 / Section 23-3-24
Georgia Code Title 23. Equity § 23-3-24
Status: in_force

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.
O.C.G.A. § 23-2-3 — GA Code / Title 23 / Chapter 2 / Section 23-2-3
Georgia Code Title 23. Equity § 23-2-3
Status: in_force

In cases of lost bonds or negotiable securities, the court may decree that payment shall be made, provided indemnity is given against liability or loss resulting from such payment.
O.C.G.A. § 23-2-98 — GA Code / Title 23 / Chapter 2 / Section 23-2-98
Georgia Code Title 23. Equity § 23-2-98
Status: in_force

Joint assets shall be applied to joint debts, and individual assets to individual debts; but, when the joint assets are exhausted, the joint debts may come upon individual assets, the individual debts, without regard to relative dignity as compared with the joint debts, being first advanced the pro rata amount received on the joint debts from joint assets.
O.C.G.A. § 23-2-56 — GA Code / Title 23 / Chapter 2 / Section 23-2-56
Georgia Code Title 23. Equity § 23-2-56
Status: in_force

Fraud may be consummated by signs or tricks, or through agents employed to deceive, or by any other unfair way used to cheat another.
O.C.G.A. § 23-2-31 — GA Code / Title 23 / Chapter 2 / Section 23-2-31
Georgia Code Title 23. Equity § 23-2-31
Status: in_force

Equity will not reform a written contract unless the mistake is shown to be the mistake of both parties; but it may rescind and cancel upon the ground of mistake of fact material to the contract of one party only.
O.C.G.A. § 23-3-123 — GA Code / Title 23 / Chapter 3 / Section 23-3-123
Georgia Code Title 23. Equity § 23-3-123
Status: in_force

(a) Except as provided in paragraph (3) of subsection (l) of Code Section 23-3-122 , all civil actions under this article shall be filed pursuant to Code Section 23-3-122 within six years after the date the violation was committed or three years after the date when facts material to the right of civil action are known or reasonably should have been known by the state or local government official charged with the responsibility to act in the circumstances, whichever occurs last; provided, however, that in no event shall any civil action be filed more than ten years after the date upon which the violation was committed.

(a) Except as provided in paragraph (3) of subsection (l) of Code Section 23-3-122 , all civil actions under this article shall be filed pursuant to Code Section 23-3-122 within six years after the date the violation was committed or three years after the date when facts material to the right of civil action are known or reasonably should have been known by the state or local government official charged with the responsibility to act in the circumstances, whichever occurs last; provided, however, that in no event shall any civil action be filed more than ten years after the date upon which the violation was committed.

(b) A subpoena requiring the attendance of a witness at a trial or hearing conducted under Code Section 23-3-122 may be served at any place in this state.

(b) A subpoena requiring the attendance of a witness at a trial or hearing conducted under Code Section 23-3-122 may be served at any place in this state.

(c) For purposes of applying subsection (b) of Code Section 9-11-9 , in pleading a civil action brought under this article, the qui tam plaintiff shall not be required to identify specific claims that result from an alleged course of misconduct or any specific records or statements used if the facts alleged in the complaint, if ultimately proven true, would provide a reasonable indication that one or more violations of Code Section 23-3-121 are likely to have occurred and if the allegations in the pleading provide adequate notice of the specific nature of the alleged misconduct to permit the state or a local government to investigate effectively and defendants to defend fairly the allegations made.

(c) For purposes of applying subsection (b) of Code Section 9-11-9 , in pleading a civil action brought under this article, the qui tam plaintiff shall not be required to identify specific claims that result from an alleged course of misconduct or any specific records or statements used if the facts alleged in the complaint, if ultimately proven true, would provide a reasonable indication that one or more violations of Code Section 23-3-121 are likely to have occurred and if the allegations in the pleading provide adequate notice of the specific nature of the alleged misconduct to permit the state or a local government to investigate effectively and defendants to defend fairly the allegations made.

(d) If the state or local government elects to intervene and proceed with a civil action brought under subsection (b) of Code Section 23-3-122 , the state or local government may file its own complaint or amend the complaint of a person who has brought an action under such subsection to clarify or add detail to the claims in which the state or local government is intervening and to add any additional claims with respect to which the state or local government contends it is entitled to relief. For statute of limitations purposes, any such state or local government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the state or local government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.

(d) If the state or local government elects to intervene and proceed with a civil action brought under subsection (b) of Code Section 23-3-122 , the state or local government may file its own complaint or amend the complaint of a person who has brought an action under such subsection to clarify or add detail to the claims in which the state or local government is intervening and to add any additional claims with respect to which the state or local government contends it is entitled to relief. For statute of limitations purposes, any such state or local government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the state or local government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.

(e) In any action brought under Code Section 23-3-122 , the plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

(e) In any action brought under Code Section 23-3-122 , the plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

(f) Notwithstanding any other provision of law, a final judgment rendered in favor of the state or local government or the United States in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any civil action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of Code Section 23-3-122 .

(f) Notwithstanding any other provision of law, a final judgment rendered in favor of the state or local government or the United States in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any civil action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of Code Section 23-3-122 .
O.C.G.A. § 23-2-34 — GA Code / Title 23 / Chapter 2 / Section 23-2-34
Georgia Code Title 23. Equity § 23-2-34
Status: in_force

Equity will grant relief as between the original parties or their privies in law, in fact, or in estate, except bona fide purchasers for value without notice.
O.C.G.A. § 23-3-3 — GA Code / Title 23 / Chapter 3 / Section 23-3-3
Georgia Code Title 23. Equity § 23-3-3
Status: in_force

A person who asserts a claim for equitable relief may at any time, by proper pleading and proof, also apply for and obtain any of the extraordinary remedies available from the court in its exercise of equitable powers.
O.C.G.A. § 23-2-134 — GA Code / Title 23 / Chapter 2 / Section 23-2-134
Georgia Code Title 23. Equity § 23-2-134
Status: in_force

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 performance who is willing to accept title to part of the property, receiving compensation for the other part. If the defects in the vendor's title are trifling or comparatively small, equity shall decree at his instance, granting compensation for such defects.
O.C.G.A. § 23-1-17 — GA Code / Title 23 / Chapter 1 / Section 23-1-17
Georgia Code Title 23. Equity § 23-1-17
Status: in_force

Notice sufficient to excite attention and put a party on inquiry shall be notice of everything to which it is afterwards found that such inquiry might have led. Ignorance of a fact due to negligence shall be equivalent to knowledge in fixing the rights of parties.
O.C.G.A. § 23-2-52 — GA Code / Title 23 / Chapter 2 / Section 23-2-52
Georgia Code Title 23. Equity § 23-2-52
Status: in_force

Misrepresentation of a material fact, made willfully to deceive or recklessly without knowledge and acted on by the opposite party or made innocently and mistakenly and acted on by the opposite party, constitutes legal fraud.
O.C.G.A. § 23-4-3 — GA Code / Title 23 / Chapter 4 / Section 23-4-3
Georgia Code Title 23. Equity § 23-4-3
Status: in_force

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. § 23-2-50 — GA Code / Title 23 / Chapter 2 / Section 23-2-50
Georgia Code Title 23. Equity § 23-2-50
Status: in_force

In all cases of fraud, except fraud in the execution of a will, equity has concurrent jurisdiction with the law.
O.C.G.A. § 23-3-70 — GA Code / Title 23 / Chapter 3 / Section 23-3-70
Georgia Code Title 23. Equity § 23-3-70
Status: in_force

(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 claimants.

(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 claimants.

(b) A petitioner may join separate causes of action in one petition; but, if they cannot be conveniently disposed of together, the court may order separate trials.

(b) A petitioner may join separate causes of action in one petition; but, if they cannot be conveniently disposed of together, the court may order separate trials.
O.C.G.A. § 23-2-93 — GA Code / Title 23 / Chapter 2 / Section 23-2-93
Georgia Code Title 23. Equity § 23-2-93
Status: in_force

In all cases where legal difficulties arise as to the distribution of assets in payment of debts or where from any circumstances the ordinary process of law would interfere with the due administration of an estate, without fault on the part of the representative of the estate, a petition to marshal the assets shall be maintained at the instance of the representative.
O.C.G.A. § 23-1-3 — GA Code / Title 23 / Chapter 1 / Section 23-1-3
Georgia Code Title 23. Equity § 23-1-3
Status: in_force

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.
O.C.G.A. § 23-1-10 — GA Code / Title 23 / Chapter 1 / Section 23-1-10
Georgia Code Title 23. Equity § 23-1-10
Status: in_force

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.
O.C.G.A. § 23-1-15 — GA Code / Title 23 / Chapter 1 / Section 23-1-15
Georgia Code Title 23. Equity § 23-1-15
Status: in_force

When both parties are equally at fault, equity will not interfere but will leave them where it finds them. The rule is otherwise if the fault of one decidedly overbalances that of the other.
O.C.G.A. § 23-2-90 — GA Code / Title 23 / Chapter 2 / Section 23-2-90
Georgia Code Title 23. Equity § 23-2-90
Status: in_force

(a) Assets are either legal or equitable. Legal assets are such as may be reached by the ordinary process of law. Equitable assets are such as can be reached only through the intervention of equity.

(a) Assets are either legal or equitable. Legal assets are such as may be reached by the ordinary process of law. Equitable assets are such as can be reached only through the intervention of equity.

(b) Legal assets, when properly before the court, shall be distributed according to legal liens and priorities. Equitable assets shall be distributed according to justice and right in the particular case, the general rule being that equality is equity.

(b) Legal assets, when properly before the court, shall be distributed according to legal liens and priorities. Equitable assets shall be distributed according to justice and right in the particular case, the general rule being that equality is equity.

(c) Sometimes assets are partly legal and partly equitable. In such cases, while the above rule shall be adhered to as to the legal assets, equity shall so administer the equitable assets as to produce general equality.

(c) Sometimes assets are partly legal and partly equitable. In such cases, while the above rule shall be adhered to as to the legal assets, equity shall so administer the equitable assets as to produce general equality.
O.C.G.A. § 23-2-120 — GA Code / Title 23 / Chapter 2 / Section 23-2-120
Georgia Code Title 23. Equity § 23-2-120
Status: in_force

Code Sections 23-2-117 through 23-2-119 are declaratory of existing law and apply to all such releases, relinquishments, and covenants, whenever executed.
O.C.G.A. § 23-2-71 — GA Code / Title 23 / Chapter 2 / Section 23-2-71
Georgia Code Title 23. Equity § 23-2-71
Status: in_force

In cases of joint, joint and several, or several liabilities of two or more persons, where all are equally bound to bear the common burden and one has paid more than his share, he shall be entitled to contribution from the others; and whenever the circumstances are such that an action at law will not give a complete remedy, equity may entertain jurisdiction.
O.C.G.A. § 23-4-35 — GA Code / Title 23 / Chapter 4 / Section 23-4-35
Georgia Code Title 23. Equity § 23-4-35
Status: in_force

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.
O.C.G.A. § 23-2-60 — GA Code / Title 23 / Chapter 2 / Section 23-2-60
Georgia Code Title 23. Equity § 23-2-60
Status: in_force

Fraud will authorize equity to annul conveyances, however solemnly executed.
O.C.G.A. § 23-3-66 — GA Code / Title 23 / Chapter 3 / Section 23-3-66
Georgia Code Title 23. Equity § 23-3-66
Status: in_force

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 pleadings to ascertain and determine the validity, nature, or extent of petitioner's title and all other interests in the land, or any part thereof, which may be adverse to the title claimed by the petitioner, or to remove any particular cloud or clouds upon the title to the land and to make a report of his findings to the judge of the court; provided, however, any party to this proceeding may demand a trial by a jury of any question of fact; provided, further, that the master on his own initiative may require a trial by a jury of any question of fact.
O.C.G.A. § 23-3-126 — GA Code / Title 23 / Chapter 3 / Section 23-3-126
Georgia Code Title 23. Equity § 23-3-126
Status: in_force

(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.

(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 promote the public's interest in combating fraud and false claims directed at the public's funds.

(b) This article shall be broadly construed and applied to promote the public's interest in combating fraud and false claims directed at the public's funds.
O.C.G.A. § 23-4-20 — GA Code / Title 23 / Chapter 4 / Section 23-4-20
Georgia Code Title 23. Equity § 23-4-20
Status: in_force

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.
O.C.G.A. § 23-2-58 — GA Code / Title 23 / Chapter 2 / Section 23-2-58
Georgia Code Title 23. Equity § 23-2-58
Status: in_force

Any relationship shall be deemed confidential, whether arising from nature, created by law, or resulting from contracts, where one party is so situated as to exercise a controlling influence over the will, conduct, and interest of another or where, from a similar relationship of mutual confidence, the law requires the utmost good faith, such as the relationship between partners; principal and agent; guardian or conservator and minor or ward; personal representative or temporary administrator and heir, legatee, devisee, or beneficiary; trustee and beneficiary; and similar fiduciary relationships.
O.C.G.A. § 23-3-127 — GA Code / Title 23 / Chapter 3 / Section 23-3-127
Georgia Code Title 23. Equity § 23-3-127
Status: in_force

If a civil action can be commenced pursuant to Article 7B of Chapter 4 of Title 49, the “State False Medicaid Claims Act,” the claimant shall proceed under Article 7B of Chapter 4 of Title 49.
O.C.G.A. § 23-3-20 — GA Code / Title 23 / Chapter 3 / Section 23-3-20
Georgia Code Title 23. Equity § 23-3-20
Status: in_force

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 with him for any duty to be performed;

(1) In favor of an obligor, promisor, or partner, against his co-obligor, joint promisor, or copartner equally or partly responsible with him for any duty to be performed;

(2) Against persons illegally removing the property of a decedent or of a minor, at the instance of any person interested therein, or of a next friend of the minor;

(2) Against persons illegally removing the property of a decedent or of a minor, at the instance of any person interested therein, or of a next friend of the minor;

(3) At the instance of a remainderman or reversioner against anyone attempting to remove the property in which the remainder or reversion exists or may contingently exist;

(3) At the instance of a remainderman or reversioner against anyone attempting to remove the property in which the remainder or reversion exists or may contingently exist;

(4) At the instance of a mortgagee against a person holding the equity of redemption;

(4) At the instance of a mortgagee against a person holding the equity of redemption;

(5) At the instance of any person interested legally or equitably in property about to be removed, where no adequate remedy is afforded at law.

(5) At the instance of any person interested legally or equitably in property about to be removed, where no adequate remedy is afforded at law.
O.C.G.A. § 23-1-23 — GA Code / Title 23 / Chapter 1 / Section 23-1-23
Georgia Code Title 23. Equity § 23-1-23
Status: in_force

Where the rules of construction will allow, equity seeks always to construe conditions subsequent into covenants and to relieve against forfeitures.
O.C.G.A. § 23-3-124 — GA Code / Title 23 / Chapter 3 / Section 23-3-124
Georgia Code Title 23. Equity § 23-3-124
Status: in_force

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, or commits an act in furtherance of the submittal of a false or fraudulent claim to the state or local government. Civil actions under this article may be brought in courts of the United States and other states if there is pendent jurisdiction.
O.C.G.A. § 23-2-136 — GA Code / Title 23 / Chapter 2 / Section 23-2-136
Georgia Code Title 23. Equity § 23-2-136
Status: in_force

Any good reason in equity and good conscience why the complainant should have the possession of specific personalty to which he has title shall sustain an action for specific performance or delivery and, unless rebutted by other equitable reasons, shall justify a decree. The jury in such cases may decree either damages or specific delivery.
O.C.G.A. § 23-1-12 — GA Code / Title 23 / Chapter 1 / Section 23-1-12
Georgia Code Title 23. Equity § 23-1-12
Status: in_force

The equity of a party who has been misled is superior to that of the person who willfully misleads such party.
O.C.G.A. § 23-2-55 — GA Code / Title 23 / Chapter 2 / Section 23-2-55
Georgia Code Title 23. Equity § 23-2-55
Status: in_force

Any attempt to encroach upon the business of a trader or other person by the use of similar trademarks, names, or devices, with the intention of deceiving and misleading the public, is a fraud for which equity will grant relief.
O.C.G.A. § 23-3-60 — GA Code / Title 23 / Chapter 3 / Section 23-3-60
Georgia Code Title 23. Equity § 23-3-60
Status: in_force

The purpose of this part is to create a procedure for removing any cloud upon the title to land, including the equity of redemption by owners of land sold at tax sales, and for readily and conclusively establishing that certain named persons are the owners of all the interests in land defined by a decree entered in such proceeding, so that there shall be no occasion for land in this state to be unmarketable because of any uncertainty as to the owner of every interest therein.
O.C.G.A. § 23-4-31 — GA Code / Title 23 / Chapter 4 / Section 23-4-31
Georgia Code Title 23. Equity § 23-4-31
Status: in_force

A superior court shall have full power to mold its decrees so as to meet the exigencies of each case and shall have full power to enforce its decrees when rendered.
O.C.G.A. § 23-2-94 — GA Code / Title 23 / Chapter 2 / Section 23-2-94
Georgia Code Title 23. Equity § 23-2-94
Status: in_force

In marshaling assets, the court shall look to the equities of the creditors and, where cases arise for election, shall compel the parties to elect.
O.C.G.A. § 23-4-4 — GA Code / Title 23 / Chapter 4 / Section 23-4-4
Georgia Code Title 23. Equity § 23-4-4
Status: in_force

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 demands.
O.C.G.A. § 23-2-25 — GA Code / Title 23 / Chapter 2 / Section 23-2-25
Georgia Code Title 23. Equity § 23-2-25
Status: in_force

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.
O.C.G.A. § 23-2-2 — GA Code / Title 23 / Chapter 2 / Section 23-2-2
Georgia Code Title 23. Equity § 23-2-2
Status: in_force

Great inadequacy of consideration, joined with great disparity of mental ability in contracting a bargain, may justify equity in setting aside a sale or other contract.
O.C.G.A. § 23-1-14 — GA Code / Title 23 / Chapter 1 / Section 23-1-14
Georgia Code Title 23. Equity § 23-1-14
Status: in_force

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.
O.C.G.A. § 23-2-21 — GA Code / Title 23 / Chapter 2 / Section 23-2-21
Georgia Code Title 23. Equity § 23-2-21
Status: in_force

(a) A mistake relievable in equity is some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence.

(a) A mistake relievable in equity is some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence.

(b) Mistakes may be either of law or of fact.

(b) Mistakes may be either of law or of fact.

(c) The power to relieve mistakes shall be exercised with caution; to justify it, the evidence shall be clear, unequivocal, and decisive as to the mistake.

(c) The power to relieve mistakes shall be exercised with caution; to justify it, the evidence shall be clear, unequivocal, and decisive as to the mistake.
O.C.G.A. § 23-2-22 — GA Code / Title 23 / Chapter 2 / Section 23-2-22
Georgia Code Title 23. Equity § 23-2-22
Status: in_force

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.
O.C.G.A. § 23-2-118 — GA Code / Title 23 / Chapter 2 / Section 23-2-118
Georgia Code Title 23. Equity § 23-2-118
Status: in_force

Any release, relinquishment, or covenant referred to in Code Section 23-2-117 shall be in writing, signed by the person holding the power, and delivered to anyone interested in the power, including any person in the limited class, or to any fiduciary holding the property or any part thereof, or recorded in the office of the clerk of the superior court of the county in which the property or any part thereof is located.
O.C.G.A. § 23-2-130 — GA Code / Title 23 / Chapter 2 / Section 23-2-130
Georgia Code Title 23. Equity § 23-2-130
Status: in_force

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.
O.C.G.A. § 23-3-22 — GA Code / Title 23 / Chapter 3 / Section 23-3-22
Georgia Code Title 23. Equity § 23-3-22
Status: in_force

(a) In every application for a writ of ne exeat, the petition or motion must be verified by one or more of the complainants.

(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 him for obtaining the writ, before granting an order for the issuing of the same, and may require a verification by all or any 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 him for obtaining the writ, before granting an order for the issuing of the same, and may require a verification by all or any of the complainants.
O.C.G.A. § 23-2-51 — GA Code / Title 23 / Chapter 2 / Section 23-2-51
Georgia Code Title 23. Equity § 23-2-51
Status: in_force

(a) Fraud may be actual or constructive.

(a) Fraud may be actual or constructive.

(b) Actual fraud consists of any kind of artifice by which another is deceived. Constructive fraud consists of any act of omission or commission, contrary to legal or equitable duty, trust, or confidence justly reposed, which is contrary to good conscience and operates to the injury of another.

(b) Actual fraud consists of any kind of artifice by which another is deceived. Constructive fraud consists of any act of omission or commission, contrary to legal or equitable duty, trust, or confidence justly reposed, which is contrary to good conscience and operates to the injury of another.

(c) Actual fraud implies moral guilt; constructive fraud may be consistent with innocence.

(c) Actual fraud implies moral guilt; constructive fraud may be consistent with innocence.
O.C.G.A. § 23-3-2 — GA Code / Title 23 / Chapter 3 / Section 23-3-2
Georgia Code Title 23. Equity § 23-3-2
Status: in_force

Any person may, in any civil action, claim equitable relief by appropriate and sufficient pleadings and obtain the equitable relief proper in the case.
O.C.G.A. § 23-3-64 — GA Code / Title 23 / Chapter 3 / Section 23-3-64
Georgia Code Title 23. Equity § 23-3-64
Status: in_force

The master shall examine the petition, plat, and all documents filed therewith and may require other evidence to be filed, including, but not limited to, an abstract of title.
O.C.G.A. § 23-1-4 — GA Code / Title 23 / Chapter 1 / Section 23-1-4
Georgia Code Title 23. Equity § 23-1-4
Status: in_force

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 deprive equity of jurisdiction.
O.C.G.A. § 23-1-8 — GA Code / Title 23 / Chapter 1 / Section 23-1-8
Georgia Code Title 23. Equity § 23-1-8
Status: in_force

Equity considers that done which ought to be done and directs its relief accordingly.
O.C.G.A. § 23-2-70 — GA Code / Title 23 / Chapter 2 / Section 23-2-70
Georgia Code Title 23. Equity § 23-2-70
Status: in_force

Equity jurisdiction over matters of account shall extend to:

(1) Mutual accounts growing out of privity of contract;

(1) Mutual accounts growing out of privity of contract;

(2) Cases where accounts are complicated and intricate;

(2) Cases where accounts are complicated and intricate;

(3) Cases where a discovery or writ of ne exeat is prayed and granted;

(3) Cases where a discovery or writ of ne exeat is prayed and granted;

(4) Cases where the account is of a trust fund;

(4) Cases where the account is of a trust fund;

(5) Accounts between partners or tenants in common; and

(5) Accounts between partners or tenants in common; and

(6) Cases where a multiplicity of actions would render a trial difficult, expensive, and unsatisfactory at law.

(6) Cases where a multiplicity of actions would render a trial difficult, expensive, and unsatisfactory at law.
O.C.G.A. § 23-3-72 — GA Code / Title 23 / Chapter 3 / Section 23-3-72
Georgia Code Title 23. Equity § 23-3-72
Status: in_force

The remedy provided by this part is intended to be cumulative and not exclusive.
O.C.G.A. § 23-3-68 — GA Code / Title 23 / Chapter 3 / Section 23-3-68
Georgia Code Title 23. Equity § 23-3-68
Status: in_force

The court shall fix a reasonable compensation, not less than $50.00, to be paid to the master appointed under this part and shall fix the compensation to be paid to any representative in the nature of a guardian ad litem appointed under this part. These fees are to be taxed in the discretion of the court as a part of the costs.
O.C.G.A. § 23-1-21 — GA Code / Title 23 / Chapter 1 / Section 23-1-21
Georgia Code Title 23. Equity § 23-1-21
Status: in_force

Equity will not force persons to litigate in order to have done what they ought to do and are willing to do voluntarily.
O.C.G.A. § 23-1-7 — GA Code / Title 23 / Chapter 1 / Section 23-1-7
Georgia Code Title 23. Equity § 23-1-7
Status: in_force

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.
O.C.G.A. § 23-4-37 — GA Code / Title 23 / Chapter 4 / Section 23-4-37
Georgia Code Title 23. Equity § 23-4-37
Status: in_force

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 partly for the performance of a duty, the former may be enforced by execution and the latter by attachment or other process.
O.C.G.A. § 23-3-67 — GA Code / Title 23 / Chapter 3 / Section 23-3-67
Georgia Code Title 23. Equity § 23-3-67
Status: in_force

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 clerk of the superior court of the county or counties wherein the land affected lies and which, when recorded, shall operate to bind the land affected according to the tenor thereof and shall be conclusive upon and against all persons named therein, known or unknown. A marginal reference to the recorded judgments and decree shall be entered upon any recorded instrument stated to be affected thereby.
O.C.G.A. § 23-2-29 — GA Code / Title 23 / Chapter 2 / Section 23-2-29
Georgia Code Title 23. Equity § 23-2-29
Status: in_force

If a party, by reasonable diligence, could have had knowledge of the truth, equity shall not grant relief; nor shall the ignorance of a fact known to the opposite party justify an interference if there has been no misplaced confidence, misrepresentation, or other fraudulent act.
O.C.G.A. § 23-2-110 — GA Code / Title 23 / Chapter 2 / Section 23-2-110
Georgia Code Title 23. Equity § 23-2-110
Status: in_force

Powers, especially of appointment, being always founded on trust or confidence, are peculiarly subjects of equitable supervision.
O.C.G.A. § 23-2-23 — GA Code / Title 23 / Chapter 2 / Section 23-2-23
Georgia Code Title 23. Equity § 23-2-23
Status: in_force

A mistake of law by the draftsman or other agent, by which the contract, as executed, does not fulfill or violates the manifest intention of the parties to the agreement, may be relieved in equity.
O.C.G.A. § 23-2-91 — GA Code / Title 23 / Chapter 2 / Section 23-2-91
Georgia Code Title 23. Equity § 23-2-91
Status: in_force

Equity will not interfere with the regular administration of estates, except upon:

(1) Application of the representative: (A) For construction and direction; or (B) For marshaling the assets; or

(1) Application of the representative:

(A) For construction and direction; or

(A) For construction and direction; or

(B) For marshaling the assets; or

(B) For marshaling the assets; or

(2) Application of any person interested in the estate where there is danger of loss or other injury to his interests.

(2) Application of any person interested in the estate where there is danger of loss or other injury to his interests.
O.C.G.A. § 23-2-96 — GA Code / Title 23 / Chapter 2 / Section 23-2-96
Georgia Code Title 23. Equity § 23-2-96
Status: in_force

Equitable assets may be reached by a creditor in every case where he shows that there is danger of not being satisfied out of legal assets.
O.C.G.A. § 23-2-30 — GA Code / Title 23 / Chapter 2 / Section 23-2-30
Georgia Code Title 23. Equity § 23-2-30
Status: in_force

A distinction exists between reforming a contract and executing a contract in case of mistake. To authorize the former, the court shall be satisfied by the evidence that the mistake was mutual; but the court may refuse to act in the latter case if the mistake is confined to the party refusing to execute.
O.C.G.A. § 23-2-28 — GA Code / Title 23 / Chapter 2 / Section 23-2-28
Georgia Code Title 23. Equity § 23-2-28
Status: in_force

Ignorance of a fact by both parties shall not justify the interference of equity; nor shall a mistake in judgment or opinion merely as to the value of property authorize such interference.
O.C.G.A. § 23-1-18 — GA Code / Title 23 / Chapter 1 / Section 23-1-18
Georgia Code Title 23. Equity § 23-1-18
Status: in_force

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 outcome of the litigation shall be affected by the decree rendered therein.
O.C.G.A. § 23-1-2 — GA Code / Title 23 / Chapter 1 / Section 23-1-2
Georgia Code Title 23. Equity § 23-1-2
Status: in_force

Generally, equity jurisprudence embraces the same matters of jurisdiction and modes of remedy as were allowed and practiced in England.
O.C.G.A. § 23-3-71 — GA Code / Title 23 / Chapter 3 / Section 23-3-71
Georgia Code Title 23. Equity § 23-3-71
Status: in_force

This part shall be liberally construed.
O.C.G.A. § 23-2-75 — GA Code / Title 23 / Chapter 2 / Section 23-2-75
Georgia Code Title 23. Equity § 23-2-75
Status: in_force

A petition for an accounting need not offer to pay a balance if found against the complainant.
O.C.G.A. § 23-3-25 — GA Code / Title 23 / Chapter 3 / Section 23-3-25
Georgia Code Title 23. Equity § 23-3-25
Status: in_force

In cases of emergency, upon the affidavit of the complainant that he cannot obtain the sanction of the judge in time to remedy the mischief, the writ of ne exeat may issue at once, to continue until the first term of the court to which it is returnable, unless earlier heard by order of the judge.
O.C.G.A. § 23-3-92 — GA Code / Title 23 / Chapter 3 / Section 23-3-92
Georgia Code Title 23. Equity § 23-3-92
Status: in_force

If, in the progress of any proceeding in equity, the court perceives the necessity for parties to interplead, it may order such interpleader as collateral and ancillary to the main case.
O.C.G.A. § 23-2-59 — GA Code / Title 23 / Chapter 2 / Section 23-2-59
Georgia Code Title 23. Equity § 23-2-59
Status: in_force

Where, by the act or consent of parties or the act of a third person or of the law, one person is placed in such relation to another that he becomes interested for him or with him in any subject or property, he is prohibited from acquiring rights in that subject or property which are antagonistic to the person with whose interest he has become associated.
O.C.G.A. § 23-1-1 — GA Code / Title 23 / Chapter 1 / Section 23-1-1
Georgia Code Title 23. Equity § 23-1-1
Status: in_force

All equity jurisdiction shall be vested in the superior courts of the several counties and in the Georgia State-wide Business Court as provided in Code Section 15-5A-3 .
O.C.G.A. § 23-3-110 — GA Code / Title 23 / Chapter 3 / Section 23-3-110
Georgia Code Title 23. Equity § 23-3-110
Status: in_force

(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 multiplicity of actions by establishing a right, in favor of or against several persons, which is likely to be the subject of legal controversy; or (3) In other similar cases.

(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;

(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 multiplicity of actions by establishing a right, in favor of or against several persons, which is likely to be the subject of legal controversy; or

(2) To avoid a multiplicity of actions by establishing a right, in favor of or against several persons, which is likely to be the subject of legal controversy; or

(3) In other similar cases.

(3) In other similar cases.

(b) As ancillary to this jurisdiction, equity will grant perpetual injunctions.

(b) As ancillary to this jurisdiction, equity will grant perpetual injunctions.
O.C.G.A. § 23-2-74 — GA Code / Title 23 / Chapter 2 / Section 23-2-74
Georgia Code Title 23. Equity § 23-2-74
Status: in_force

If a party who has charge of the property of others shall so confound it with his own that the line of distinction cannot be drawn, all the inconvenience shall be thrown upon him who causes the confusion; and he shall distinguish his own property or lose it.
O.C.G.A. § 23-3-62 — GA Code / Title 23 / Chapter 3 / Section 23-3-62
Georgia Code Title 23. Equity § 23-3-62
Status: in_force

(a) The proceeding in rem shall be instituted by filing a petition in the superior court of the county in which the land is situated.

(a) The proceeding in rem shall be instituted by filing a petition in the superior court of the county in which the land is situated.

(b) The petition shall be verified by the petitioner and shall contain a particular description of the land to be involved in the proceeding, a specification of the petitioner's interest in the land, a statement as to whether the interest is based upon a written instrument (whether same be a contract, deed, will, or otherwise) or adverse possession or both, a description of all adverse claims of which petitioner has actual or constructive notice, the names and addresses, so far as known to the petitioner, of any possible adverse claimant, and, if the proceeding is brought to remove a particular cloud or clouds, a statement as to the grounds upon which it is sought to remove the cloud or clouds.

(b) The petition shall be verified by the petitioner and shall contain a particular description of the land to be involved in the proceeding, a specification of the petitioner's interest in the land, a statement as to whether the interest is based upon a written instrument (whether same be a contract, deed, will, or otherwise) or adverse possession or both, a description of all adverse claims of which petitioner has actual or constructive notice, the names and addresses, so far as known to the petitioner, of any possible adverse claimant, and, if the proceeding is brought to remove a particular cloud or clouds, a statement as to the grounds upon which it is sought to remove the cloud or clouds.

(c) With the petition there shall be filed (1) a plat of survey of the land, (2) a copy of the immediate instrument or instruments, if any, upon which the petitioner's interest is based, and (3) a copy of the immediate instrument or instruments of record or otherwise known to the petitioner, if any, upon which any person might base an interest in the land adverse to the petitioner.

(c) With the petition there shall be filed (1) a plat of survey of the land, (2) a copy of the immediate instrument or instruments, if any, upon which the petitioner's interest is based, and (3) a copy of the immediate instrument or instruments of record or otherwise known to the petitioner, if any, upon which any person might base an interest in the land adverse to the petitioner.

(d) Upon the filing of the petition, the petitioner shall contemporaneously file with the clerk of the court a notice for record in the lis pendens docket pursuant to Code Sections 44-14-610 through 44-14-613 .

(d) Upon the filing of the petition, the petitioner shall contemporaneously file with the clerk of the court a notice for record in the lis pendens docket pursuant to Code Sections 44-14-610 through 44-14-613 .
O.C.G.A. § 23-2-76 — GA Code / Title 23 / Chapter 2 / Section 23-2-76
Georgia Code Title 23. Equity § 23-2-76
Status: in_force

Regarding a setoff, equity generally follows the law; but, if there is an intervening equity not reached by the law or if the setoff is of an equitable nature, equity shall take jurisdiction to enforce the setoff.
O.C.G.A. § 23-2-97 — GA Code / Title 23 / Chapter 2 / Section 23-2-97
Georgia Code Title 23. Equity § 23-2-97
Status: in_force

(a) In all equity cases in which assets of either or both parties are being administered, marshaled, or otherwise disposed of by the court, upon motion of either party or of the court at least 60 days before the term for trial, an order shall be passed bearing the title of the case and addressed to all persons concerned, requiring all persons claiming an interest in the assets to intervene in the case by not later than a certain date to be fixed by the court. The date shall be not less than 60 days nor more than 90 days from the date on which the order is filed. After filing, the order shall be published twice each month for two consecutive months in the official organ for legal advertisements in the county in which the case is pending.

(a) In all equity cases in which assets of either or both parties are being administered, marshaled, or otherwise disposed of by the court, upon motion of either party or of the court at least 60 days before the term for trial, an order shall be passed bearing the title of the case and addressed to all persons concerned, requiring all persons claiming an interest in the assets to intervene in the case by not later than a certain date to be fixed by the court. The date shall be not less than 60 days nor more than 90 days from the date on which the order is filed. After filing, the order shall be published twice each month for two consecutive months in the official organ for legal advertisements in the county in which the case is pending.

(b) After the passage of the last date for intervention fixed in the published order, no person interested in the assets of the case shall be allowed to intervene.

(b) After the passage of the last date for intervention fixed in the published order, no person interested in the assets of the case shall be allowed to intervene.
O.C.G.A. § 23-3-44 — GA Code / Title 23 / Chapter 3 / Section 23-3-44
Georgia Code Title 23. Equity § 23-3-44
Status: in_force

Proceedings quia timet may be used to remove clouds on title caused by equities of redemption following tax sales; provided, however, that the length of time for redemption shall remain as provided by law and nothing in this Code section shall preclude the necessity of giving all parties at interest notice of this proceeding.
O.C.G.A. § 23-2-92 — GA Code / Title 23 / Chapter 2 / Section 23-2-92
Georgia Code Title 23. Equity § 23-2-92
Status: in_force

In cases of difficulty in construing wills, in distributing estates, in ascertaining the persons entitled, or in determining under what law property should be divided, the representative may ask the direction of the court, but not on imaginary difficulties or from excessive caution.
O.C.G.A. § 23-2-24 — GA Code / Title 23 / Chapter 2 / Section 23-2-24
Georgia Code Title 23. Equity § 23-2-24
Status: in_force

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.
O.C.G.A. § 23-1-13 — GA Code / Title 23 / Chapter 1 / Section 23-1-13
Georgia Code Title 23. Equity § 23-1-13
Status: in_force

The equity under trust or contract for value is superior to that of a mere volunteer.
O.C.G.A. § 23-2-27 — GA Code / Title 23 / Chapter 2 / Section 23-2-27
Georgia Code Title 23. Equity § 23-2-27
Status: in_force

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 authorize the intervention of equity.
O.C.G.A. § 23-3-40 — GA Code / Title 23 / Chapter 3 / Section 23-3-40
Georgia Code Title 23. Equity § 23-3-40
Status: in_force

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 cloud over the complainant's title or otherwise subjects him to future liability or present annoyance, and the cancellation of which is necessary to his perfect protection.