GA Code § 24-14-26 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 14 - Proof Generally|Article 2 - Presumptions and Estoppel|§ 24-14-26. Estoppels Defined; Enumeration Generally

  Conclusive presumptions of law are termed estoppels; averments to the contrary of such presumptions shall not be allowed. Estoppels are not generally favored.   Estoppels include presumptions in favor of:   A record or judgment unreversed;   The proper conduct of courts and judicial officers acting within their legitimate spheres;   The proper conduct of other officers of the law after the lapse of time has rendered it dangerous to open the investigation of their acts in regard to mere formalities of the law;   Ancient deeds and other instruments more than 30 years old, when they come from proper custody and possession has been held in accordance with them;   Recitals in deeds, except payment of purchase money, as against a grantor, sui juris, acting in his or her own right, and his or her privies in estate, in blood, and in law;   A landlord's title as against his or her tenant in possession;   Solemn admissions made in judicio; or   Admissions upon which other parties have acted, either to their own injury or to the benefit of the persons making the admissions.  Estoppels also include all similar cases where it would be more unjust and productive of evil to hear the truth than to forbear investigation.        (Code 1981, §24-14-26, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   Law reviews.   - For article on the effect of judicial estoppel on nolo contendere plea, see 13 Ga. L. Rev. 723 (1979).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Estoppel by Judgment   Estoppel by Deed   Equitable Estoppel    RESEARCH REFERENCES   Am. Jur. 2d.   - 29 Am. Jur. 2d, Evidence, §§ 201, 219 et seq.   Equitable Adoption, 18 POF2d 531.   9A Am. Jur. Pleading and Practice Forms, Estoppel and Waiver, § 4.   C.J.S.   - 31A C.J.S., Evidence, §§ 183, 227.   ALR.    - Loss of right to contest assessment in proceeding for street or sewer improvement by waiver, estoppel, or the like, 9 A.L.R. 634.    Loss of right to contest assessment in drainage proceeding by waiver, estoppel, or the like, 9 A.L.R. 842.    Effect of filing affidavit of forgery against ancient deed, 18 A.L.R. 908.    Rights and remedies of tenant who remains in possession of all or part of the premises against landlord for interfering with his possession or enjoyment, 20 A.L.R. 1369; 28 A.L.R. 1333; 64 A.L.R. 900.    Dispensing with proof of proper custody as condition of admission of ancient document, 29 A.L.R. 630.    Estoppel of mortgagor or seller to deny existence of property mortgaged or sold, 40 A.L.R. 382.    Decree of divorce or pleadings or evidence in divorce suit as estoppel to deny marriage between the parties thereto, 45 A.L.R. 925.    Waiver of or estoppel to assert lien by filing claim with or receiving dividend from assignee for creditors, 55 A.L.R. 993.    Nature of conveyance or covenants which will create estoppel to assert after-acquired title or interest in real property, 58 A.L.R. 345; 144 A.L.R. 554.    Effect of intrusting another with stock certificate endorsed or assigned in blank to estop owner as against a bona fide purchaser or pledgee for value, 73 A.L.R. 1405.    Estoppel by conduct during testator's life to dissent from or attack validity of will, 74 A.L.R. 659.    Estoppel of one riparian owner to complain of diversion of water by another riparian owner, 74 A.L.R. 1129.    Provision in sale contract to the effect that only conditions incorporated therein shall be binding, 75 A.L.R. 1032; 127 A.L.R. 132; 133 A.L.R. 1360.    Estoppel by apparent acquiescence in or silence concerning improvements of real property to assert antagonistic title or interest, 76 A.L.R. 304.    Estoppel of wife who permits record title to realty to remain in husband's name to assert her own title as against one extending credit to husband, 76 A.L.R. 1501.    Waiver of, or estoppel to assert, debtor's exemption, by laches or delay, 82 A.L.R. 648.    Right of a purchaser assuming a mortgage debt, with the authorization of the mortgagor, to set up usury in mortgage as a defense or rely upon it as a ground of relief in equity, 82 A.L.R. 1153.    Estoppel by recitals in municipal bonds as to lawfulness of issue, 86 A.L.R. 1057; 158 A.L.R. 938.    Estoppel of municipal corporation or other political subdivision by recitals in its bonds to dispute their validity as affected by the character of the owner of bonds as an original holder or a transferee, 86 A.L.R. 1129.    Distinction between judgment as bar to cause of action and as estoppel as to particular fact, 88 A.L.R. 574.    Estoppel of municipality to deny that it gave its consent to street franchise, 89 A.L.R. 619.    Rule of estoppel of tenant to deny landlord's title as applicable where landlord affirmatively asserts a title or interest beyond that essential to his right to create the tenancy, 89 A.L.R. 1295.    Statement or estimate by mortgagee as to amount due or to become due, made to prospective purchaser or subsequent mortgagee of property, as basis of estoppel, 90 A.L.R. 1432.    Voluntary payment or other relief by insurance carrier under Workmen's Compensation Act as estoppel to deny issuance of policy or that case is within coverage, 91 A.L.R. 1530.    Estoppel by silence or delay, after knowledge, in disclosing forgery of guaranty, 96 A.L.R. 379.    Personal liability of officer or his bond as affected by his failure to file return of his proceedings after seizing property under writ or process, 98 A.L.R. 692.    Entrusting possession of securities to bank officer or employee who uses them to make a fraudulent showing of bank assets as estoppel of owner to reclaim them as against bank receivers, 100 A.L.R. 679.    Estoppel to assert usury against innocent purchaser of usurious instrument, 110 A.L.R. 451.    Acts done by executor or administrator in a representative capacity as estoppel in individual capacity, or vice versa, 110 A.L.R. 599.    Advantage which the original trier of facts enjoyed over reviewing court from opportunity of seeing and hearing witnesses, 111 A.L.R. 742.    Reacquisition by mortgagor, or his grantee, of the title through foreclosure of first mortgage as affecting rights under a second mortgage to which the property was subject before the foreclosure, 111 A.L.R. 1285.    Doctrine of election or estoppel as applicable as against beneficiary of will where provision for other beneficiary is invalid, not for reasons personal to former, but because of statute or public policy, 112 A.L.R. 377.    Testimony or sworn statements in prior action or proceeding as basis of estoppel in favor of one not a party or privy thereto, 113 A.L.R. 925.    Abandonment of appeal or right of appeal by commencement, or prosecution to judgment, of another action, 115 A.L.R. 121.    Promissory estoppel, 115 A.L.R. 152; 48 A.L.R.2d 1069.    Tax exemption as affected by failure to claim or delay in claiming it for past years, 115 A.L.R. 1484.    Judgment or order in connection with appointment of executor or administrator as res judicata, as law of the case, or as evidence, on questions other than the validity of the appointment, 119 A.L.R. 594.    Conclusiveness of charter as regards character, kind, or purposes of corporation, 119 A.L.R. 1012.    Judgment in action for personal injury or death as res judicata as to negligence or contributory negligence in subsequent action for death in same accident of person whose estate was represented by defendant in first action, 119 A.L.R. 1469.    Pleading waiver, estoppel, and res judicata, 120 A.L.R. 8.    Distinction between effect of fact to create presumption of further fact and its effect as prima facie evidence of the further fact in determining burden of proof and weight of evidence, 121 A.L.R. 1078.    Estoppel as ground for holding defendant liable for negligence in conduct of business which appears to be his but which in fact belongs to another, 122 A.L.R. 256.    Creditor's statement or assurance to debtor, not supported by a consideration, that payment need not be made at time due, as binding upon creditor by way of estoppel, 124 A.L.R. 1248.    Doctrine of estoppel as applicable against one's right to hold a public office or his status as a public officer, 125 A.L.R. 294.    Mistake as to date of lapse of policy in insurer's statement of reason for denial of claim under policy as affecting its right to insist upon lapse as defense, 125 A.L.R. 1270.    Liability of one exercising the rights of an owner of realty for injuries due to its condition, as affected by want of legal title, 130 A.L.R. 1525.    Waiver or estoppel predicated upon surviving partner's surrender of possession of partnership property to personal representative of deceased partner, 137 A.L.R. 1024.    Estoppel to assert invalidity of decree of divorce for lack of domicil at divorce forum or failure to obtain jurisdiction of person of defendant, 140 A.L.R. 914; 153 A.L.R. 941; 175 A.L.R. 538.    Estoppel of grantee or mortgagee as to amount of prior mortgage recited, 141 A.L.R. 1184.    Ultimate fact, as distinguished from evidentiary fact, as regards effect of judgment as estoppel, 142 A.L.R. 1243; 152 A.L.R. 1193.    Falsity of representation or warranty as defense to action upon policy of insurance on life of infant, 143 A.L.R. 331.    What amounts to waiver, estoppel, or loss of bank's right to set off depositor's indebtedness against deposit or to apply deposit upon indebtedness, 143 A.L.R. 453.    Estoppel by silence or other conduct (other than failure to file) to assert against estate claim antedating decedent's death, 146 A.L.R. 1179.    Estoppel of mechanic's lien claimant as predicable upon his representations to owner as to payment made to claimant by contractor or subcontractor, 155 A.L.R. 350.    Estoppel of owner of tangible personal property who knowingly or voluntarily permits another to have possession of certificates or other evidences of title, endorsed in blank or otherwise showing ownership in possessor, to deny latter's authority to sell, mortgage, pledge, or otherwise deal with, the property, 155 A.L.R. 690.    Provision of life insurance policy limiting insurer's liability under specified conditions to return of premiums, as subject to waiver or estoppel by reason of agent's knowledge of breach of condition respecting insured's health, 163 A.L.R. 691.    Authority of agent who delivers commercial paper or other obligation to third person for collection, to receive payment of proceeds from the latter, so as to preclude principal's right to enforce payment of proceeds, 163 A.L.R. 1209.    Estoppel of intervenor to assert claim against original complainant, 166 A.L.R. 911.    Construction and application of statute respecting estoppel of insurer where insured was examined by medical examiner, 172 A.L.R. 143.    Right of tenant, as against landlord, to acquire or assert title based on foreclosure of lien or sale for tax or special assessment, 172 A.L.R. 1181.    Acceptance by building or construction contractor of payments under his contract as a waiver of right of action upon implied warrant as to conditions affecting cost, 173 A.L.R. 308.   Applicability of doctrine of estoppel against government and its governmental agencies, 1 A.L.R.2d 338.   Joining in instrument as ratification of or estoppel as to prior ineffective instrument affecting real property, 7 A.L.R.2d 294.   Estoppel of mortgagee to contest the mortgagor's title, 11 A.L.R.2d 1397.   Deafness of juror as ground for impeaching verdict, or securing new trial or reversal on appeal, 15 A.L.R.2d 534.   Insurer's demand for additional or corrected proof of loss as waiver or estoppel as to right to assert contractual limitation provision, or as suspending running thereof, 15 A.L.R.2d 955.   Conviction or acquittal as evidence of the facts on which it was based in civil action, 18 A.L.R.2d 1287.   Estoppel of one selling or conveying property to dissolved or defunct corporation to deny its existence, 20 A.L.R.2d 1084.   Renunciation of beneficial interest under inter vivos trust as condition of right to contest its validity, 21 A.L.R.2d 1457.   Estoppel of United States, state, or political subdivision by deed or other instrument, 23 A.L.R.2d 1419.   Estoppel to rely on statute of limitations, 24 A.L.R.2d 1413.   Estoppel to contest will or attack its validity, 28 A.L.R.2d 116.   Insurer's admission of liability, offers of settlement, negotiations, and the like, as waiver of, or estoppel to assert, contractual limitation provision, 29 A.L.R.2d 636.   Insurer's admission of liability, offers of settlement, and negotiations for adjustment or settlement, as waiver of proof of property loss, 49 A.L.R.2d 87.   Denial of liability as waiver of proofs of loss required by insurance policy, 49 A.L.R.2d 161.   Presumption of consideration from revenue stamps on deed, 51 A.L.R.2d 1004.   Estoppel by lease: effect of lessor's after-acquired title or interest during lease term, 51 A.L.R.2d 1238.   Right to attack validity of statute, ordinance, or regulation relating to occupational or professional license as affected by applying for, or securing license, 65 A.L.R.2d 660.   Estoppel of oil and gas lessee to deny lessor's title, 87 A.L.R.2d 602.   Estoppel of one doing business with personal representative purporting to carry on decedent's business, to assert representative's personal liability, 3 A.L.R.3d 757.   Modern status of doctrine of res judicata in criminal cases, 9 A.L.R.3d 203.   Purchaser of real property as precluded from attacking validity of zoning regulations existing at the time of the purchase and affecting the purchased property, 17 A.L.R.3d 743.   Judgment in action against seller or supplier of product as res judicata in action against manufacturer for injury from defective product, or vice versa, 34 A.L.R.3d 518.   Liability of insurance agent, for exposure of insurer to liability, because of failure to cancel or reduce risk, 35 A.L.R.3d 792.   Liability of insurance agent, for exposure of insurer to liability, because of failure to fully disclose or assess risk or to report issuance of policy, 35 A.L.R.3d 821.   Liability of insurance agent, for exposure of insurer to liability, because of issuance of policy beyond authority or contrary to instructions, 35 A.L.R.3d 907.   Judgment against parents in action for loss of minor's services as precluding minor's action for personal injuries, 41 A.L.R.3d 536.   Fiduciary or confidential relationship as affecting estoppel to plead statute of limitations, 45 A.L.R.3d 630.   Delay caused by other litigation as estopping reliance on statute of limitations, 45 A.L.R.3d 703.   Setting aside arbitration award on ground of interest or bias of arbitrators, 56 A.L.R.3d 697.   Promissory estoppel as basis for avoidance of statute of frauds, 56 A.L.R.3d 1037.   Automobile or motorcycle as necessary for infant, 56 A.L.R.3d 1335.   Modern status of rules regarding materiality and effect of false statement by insurance applicant as to previous insurance cancellations or rejections, 66 A.L.R.3d 749.   Modern status of law as to equitable adoption or adoption by estoppel, 97 A.L.R.3d 347.   Estoppel of state or local government in tax matters, 21 A.L.R.4th 573.   Deafness of juror as ground for impeaching verdict, or securing new trial or reversal on appeal, 38 A.L.R.4th 1170.   Estoppel to contest will or attack its validity by acceptance of benefits thereunder, 78 A.L.R.4th 90.   Laches or delay in bringing suit as affecting right to enforce restrictive building covenant, 25 A.L.R.5th 233.   Setting aside arbitration award on ground of interest or bias of arbitrators - commercial, business, or real estate transactions, 67 A.L.R.5th 179.