reglab/housing_qa huggingface dataset:
GA Code § 23-2-57 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 3 - Fraud|§ 23-2-57. Proving Existence of Fraud

 Fraud may not be presumed but, being in itself subtle, slight circumstances may be sufficient to carry conviction of its existence.   (Orig. Code 1863, § 2715; Code 1868, § 2709; Code 1873, § 2751; Code 1882, § 2751; Civil Code 1895, § 4029; Civil Code 1910, § 4626; Code 1933, § 37-706.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Equity, § 20. 37 Am. Jur. 2d, Fraud and Deceit, § 468 et seq.   Fraudulent Alteration of Odometer, 1 POF2d 677.   C.J.S.   - 30 C.J.S., Equity, § 48. 37 C.J.S., Fraud, § 94 et seq.
GA Code § 23-2-70 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 4 - Accounting of Contribution; Apportionment; Setoff|§ 23-2-70. Scope of Equity Jurisdiction Over Matters of Account

 Equity jurisdiction over matters of account shall extend to:    Mutual accounts growing out of privity of contract;   Cases where accounts are complicated and intricate;   Cases where a discovery or writ of ne exeat is prayed and granted;   Cases where the account is of a trust fund;   Accounts between partners or tenants in common; and   Cases where a multiplicity of actions would render a trial difficult, expensive, and unsatisfactory at law.    (Orig. Code 1863, § 3063; Code 1868, § 3075; Code 1873, § 3130; Code 1882, § 3130; Civil Code 1895, § 3989; Civil Code 1910, § 4586; Code 1933, § 37-301.)   Law reviews.   - For article, "Some Problems in Providing for Nonjudicial Settlement of the Trustee's Accounts," see 3 Ga. St. B.J. 417 (1967).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Mutual Accounts   Complicated and Intricate Accounts   Trust Fund Account   Partners or Tenants in Common   Multiplicity of Actions    RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Accounts and Accounting, § 52 et seq.   ALR.    - Rights of cotenants inter se as to timber, 2 A.L.R. 993; 41 A.L.R. 582.    Avoidance of multiplicity of suits as ground of jurisdiction in equity of a suit by one out of possession to quiet title against persons in possession of different portions of the land in severalty, 30 A.L.R. 109.    Accounting in equity in case of tort, 53 A.L.R. 815.    Right of owner of property to maintain bill for accounting against lien holder or pledgee, 79 A.L.R. 201.    Propriety of suit in equity by or against several insurers under fire policies covering same risk, 98 A.L.R. 181.    Previous demand for, and refusal of, an accounting, as condition of actions of account or for an accounting, 143 A.L.R. 1211.   Availability of equitable remedy of accounting between principal and agent, 3 A.L.R.2d 1310.   Delay as defense to action for accounting between joint adventurers, 13 A.L.R.2d 765.   Equity jurisdiction to determine valuation, where arbitration or appraisal has failed, under long-term lease providing for appraisal of premises and fixing rental value at stated intervals, 26 A.L.R.2d 744.   Right of partner or joint adventurer to accounting where firm business or transactions are illegal, 32 A.L.R.2d 1345.   Right to accounting between attorneys associated in practice, in absence of formal partnership, 81 A.L.R.2d 1420.
GA Code § 23-2-72 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 4 - Accounting of Contribution; Apportionment; Setoff|§ 23-2-72. Apportionment of Contract, Rent, or Hire

 Apportionment of a contract or of rent or hire may, from peculiar circumstances rendering the common-law remedy incomplete, become the subject of equitable jurisdiction.   (Orig. Code 1863, § 3067; Code 1868, § 3079; Code 1873, § 3134; Code 1882, § 3134; Civil Code 1895, § 3993; Civil Code 1910, § 4590; Code 1933, § 37-305.)   RESEARCH REFERENCES   C.J.S.   - 18 C.J.S., Contribution, § 1 et seq.   ALR.    - Right of owner of property to maintain bill for accounting against lien holder or pledgee, 79 A.L.R. 201.    Statute providing for apportionment between lessor and lessee of a tax imposed upon the producer of oil, gas, or other natural production as violation of the constitutional provision against impairment of the obligation of contracts, 160 A.L.R. 980.   Equity jurisdiction to determine valuation, where arbitration or appraisal has failed, under long-term lease providing for appraisal of premises and fixing rental value at stated intervals, 26 A.L.R.2d 744.   Validity, construction, and application of entirety clause in oil or gas lease, 48 A.L.R.3d 706.
GA Code § 23-2-73 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 4 - Accounting of Contribution; Apportionment; Setoff|§ 23-2-73. Discharge of Encumbrances Affecting Several Interests

 Where several persons are interested in an estate as tenants for years, or for life, or in remainder or reversion, and encumbrances are to be discharged, the equitable division of the burden, according to the several interests, shall be a question for equitable interference.   (Orig. Code 1863, § 3066; Code 1868, § 3078; Code 1873, § 3133; Code 1882, § 3133; Civil Code 1895, § 3992; Civil Code 1910, § 4589; Code 1933, § 37-304.)   RESEARCH REFERENCES   C.J.S.   - 30 C.J.S., Equity, § 60.   ALR.    - Right to contribution from remainderman, of life tenant who pays off encumbrance on property, 87 A.L.R. 220.
GA Code § 23-2-74 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 4 - Accounting of Contribution; Apportionment; Setoff|§ 23-2-74. Burden of Distinguishing Mingled Property

 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.   (Orig. Code 1863, § 3064; Code 1868, § 3076; Code 1873, § 3131; Code 1882, § 3131; Civil Code 1895, § 3990; Civil Code 1910, § 4587; Code 1933, § 37-302.)   RESEARCH REFERENCES   ALR.    - Law regarding confusion of goods as applied to live stock, 10 A.L.R. 765.    Right to protection against simulation of physical appearance or arrangement of place of business or vehicle, 28 A.L.R. 114.    Necessity and sufficiency of identification of goods sold as condition of avoidance of debtor's exemption against claim for purchase price, 150 A.L.R. 1329.   Confusion of goods by accident, mistake, or act of a third person, 39 A.L.R.2d 555.
GA Code § 23-2-75 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 4 - Accounting of Contribution; Apportionment; Setoff|§ 23-2-75. Offer to Pay Balance Unnecessary

 A petition for an accounting need not offer to pay a balance if found against the complainant.   (Orig. Code 1863, § 3069; Code 1868, § 3081; Code 1873, § 3136; Code 1882, § 3136; Civil Code 1895, § 3995; Civil Code 1910, § 4592; Code 1933, § 37-307.)
GA Code § 23-2-90 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 5 - Administration of Assets Generally|§ 23-2-90. Legal and Equitable Assets Defined; Rules of Distribution

  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.   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.   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.    (Orig. Code 1863, §§ 3073, 3074; Code 1868, §§ 3085, 3086; Code 1873, §§ 3142, 3143; Code 1882, §§ 3142, 3143; Civil Code 1895, §§ 3997, 3998; Civil Code 1910, §§ 4594, 4595; Code 1933, §§ 37-401, 37-402.)   RESEARCH REFERENCES   ALR.    - By whom writ of assistance issued, 21 A.L.R. 358.    Right of creditor to interest after bankruptcy, declared insolvency, or appointment of receiver, where assets are more than sufficient to pay the principal of all claims, 39 A.L.R. 457; 44 A.L.R. 1170.    Sale in inverse order of alienation, 131 A.L.R. 4.
GA Code § 23-2-91 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 5 - Administration of Assets Generally|§ 23-2-91. When Equity Will Interfere With Administration of Estates

 Equity will not interfere with the regular administration of estates, except upon:    Application of the representative:   For construction and direction; or   For marshaling the assets; or     Application of any person interested in the estate where there is danger of loss or other injury to his interests.    (Orig. Code 1863, § 3075; Code 1868, § 3087; Code 1873, § 3144; Code 1882, § 3144; Civil Code 1895, § 3999; Civil Code 1910, § 4596; Code 1933, § 37-403.)   Law reviews.   - For article, "Fiduciary Problems of the Executor and Trustee: Conflicts of Interest, Violations of Fiduciary Duties; Surcharge, and Other Remedies of Beneficiaries," see 9 Ga. St. B.J. 187 (1972). For survey article on wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 58 Mercer L. Rev. 423 (2006). For survey article on wills, trusts, guardianships, and fiduciary administration, see 59 Mercer L. Rev. 447 (2007).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application of Representative   Danger of Loss or Other Injury    RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 25, 548.   C.J.S.   - 30 C.J.S., Equity, § 61.   ALR.    - Power of court to authorize compromise of infants' rights in controversies over estates or property, 33 A.L.R. 105.    Applicability of nonclaim statutes to claims arising under contract executory at the time of death, 41 A.L.R. 144; 47 A.L.R. 896.    Rule as to marshaling assets as affected by homestead law, 44 A.L.R. 758; 77 A.L.R. 371.    Power of court to authorize pledge or other disposal of property in manner not authorized by trust deed or trust agreement securing bonds or participation certificates, 105 A.L.R. 195.    Doctrine of marshaling assets where the two funds covered by the paramount lien are subject respectively to subordinate liens in favor of different persons, 106 A.L.R. 1102.    Jurisdiction of equity to sequester, seize, enjoin transfer of, or otherwise provisionally secure assets for application upon money demand which has not been reduced to judgment, 116 A.L.R. 270.   Equity jurisdiction to determine valuation, where arbitration or appraisal has failed, under long-term lease providing for appraisal of premises and fixing rental value at stated intervals, 26 A.L.R.2d 744.   Applications of rule permitting courts to exercise jurisdiction over equity actions against foreign personal representatives where there are assets within forum, 53 A.L.R.2d 323.   Construction and operation of will or trust provision appointing advisors to trustee or executor, 56 A.L.R.3d 1249.
GA Code § 23-2-93 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 5 - Administration of Assets Generally|§ 23-2-93. Marshaling Assets of Decedent's Estate

 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.   (Orig. Code 1863, § 3077; Code 1868, § 3089; Code 1873, § 3146; Code 1882, § 3146; Civil Code 1895, § 4001; Civil Code 1910, § 4598; Code 1933, § 37-405.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Equity, § 55.   ALR.    - Rule as to marshaling assets where liens are concurrent as to one fund, 36 A.L.R. 663.    Rule as to marshaling assets as affected by homestead law, 44 A.L.R. 758; 77 A.L.R. 371.    Doctrine of marshaling assets or sale in inverse order of alienation as applicable to tax sale, 88 A.L.R. 1216; 131 A.L.R.4th 79.    Right of maker of negotiable paper which is subject to defenses as against payee-pledgor, but not as against pledgee (by invoking doctrine of marshaling assets or otherwise) to require the latter to resort first to other collateral, 92 A.L.R. 1085.    Doctrine of marshaling assets where the two funds covered by the paramount lien are subject respectively to subordinate liens in favor of different persons, 106 A.L.R. 1102.    Doctrine of inverse order of alienation as affected by release of part of property covered by mortgage or other lien, 110 A.L.R. 65; 131 A.L.R.4th 108.    Jurisdiction of equity to sequester, seize, enjoin transfer of, or otherwise provisionally secure assets for application upon money demand which has not been reduced to judgment, 116 A.L.R. 270.    Sale in inverse order of alienation, 131 A.L.R. 4.   Applications of rule permitting courts to exercise jurisdiction over equity actions against foreign personal representatives where there are assets within forum, 53 A.L.R.2d 323.    May doctrine of marshaling assets be invoked to require senior lienor to resort first to the surety, or property of the surety, of common debtor, 135 A.L.R. 738.   Doctrine of marshaling assets or sale in inverse order of alienation as applicable to tax sale, 131 A.L.R.4th 79.   Doctrine of inverse order of alienation as affected by release of part of property covered by mortgage or other lien, 131 A.L.R.4th 108.
GA Code § 23-2-94 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 5 - Administration of Assets Generally|§ 23-2-94. Compelled Election in Marshaling Assets

 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.   (Orig. Code 1863, § 3078; Code 1868, § 3090; Code 1873, § 3147; Code 1882, § 3147; Civil Code 1895, § 4002; Civil Code 1910, § 4599; Code 1933, § 37-406.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Equity, § 55.   ALR.    - Rule as to marshaling assets as affected by homestead law, 44 A.L.R. 758; 77 A.L.R. 371.    Doctrine of marshaling assets where the two funds covered by the paramount lien are subject respectively to subordinate liens in favor of different persons, 106 A.L.R. 1102.   Doctrine of marshaling assets where the two funds covered by the paramount lien are subject respectively to subordinate liens in favor of different creditors, 76 A.L.R.3d 326.
GA Code § 23-2-95 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 5 - Administration of Assets Generally|§ 23-2-95. Creditors' Petitions

 Creditors' petitions may be filed at the instance of any creditor, the privilege being extended to all to appear and become parties within a reasonable time.   (Orig. Code 1863, § 3079; Code 1868, § 3091; Code 1873, § 3148; Code 1882, § 3148; Civil Code 1895, § 4003; Civil Code 1910, § 4600; Code 1933, § 37-407.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Creditors' Bills, § 1 et seq.   C.J.S.   - 21 C.J.S., Creditor and Debtor, § 114 et seq.
GA Code § 23-2-96 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 5 - Administration of Assets Generally|§ 23-2-96. When Equitable Assets May Be Reached by Creditor

 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.   (Orig. Code 1863, § 3084; Code 1868, § 3096; Code 1873, § 3153; Code 1882, § 3153; Civil Code 1895, § 4004; Civil Code 1910, § 4601; Code 1933, § 37-408.)   Law reviews.   - For article, "Retirement Benefits: Protection from Creditors' Claims," see 24 Ga. St. B.J. 118 (1988). For note, "Georgia Becomes A Quasi Community Property State,"see 17 Ga. St. B.J. 134 (1981). For comment, "The Georgia Supreme Court's Creation of an Equitable Interest in Marital Property - Yours? Mine? Ours!," see 34 Mercer L. Rev. 449 (1982).   JUDICIAL DECISIONS   Appointment of receiver to sell debtor's property to prevent financial loss by judgment creditor.    - When a debt secured by a deed is interest bearing and not due, and a redemption under former Code 1933, §§ 39-201, 39-202 (see O.C.G.A. § 9-13-60) would cause the judgment creditor to lose a substantial sum approximating the amount of the unearned interest, the debtor having no other property from which to satisfy the judgment, a subsequent judgment creditor may proceed in equity for the appointment of a receiver for the purpose of selling the property subject to the principal of the debt and accrued interest. Cook v. Securities Inv. Co., 184 Ga. 544, 192 S.E. 179 (1937).    Creditors can bring a petition in equity to reach the interest of a beneficiary under a trust unless the beneficiary's interest is exempt by the terms of the trust or by statute. The creditor must exhaust legal remedies before proceeding in equity, but this requirement does not apply if it appears that the attempt to exhaust legal remedies would be futile. Henderson v. Collins, 245 Ga. 776, 267 S.E.2d 202 (1980).    Cited in Grimmett v. Barnwell, 184 Ga. 461, 192 S.E. 191 (1937); Yancey v. Grafton, 197 Ga. 117, 27 S.E.2d 857 (1943).   RESEARCH REFERENCES   ALR.    - Jurisdiction of equity to sequester, seize, enjoin transfer of, or otherwise provisionally secure assets for application upon money demand which has not been reduced to judgment, 116 A.L.R. 270.
GA Code § 23-2-98 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 5 - Administration of Assets Generally|§ 23-2-98. Application of Joint and Individual Assets to Debts

 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.   (Orig. Code 1863, § 3085; Code 1868, § 3097; Code 1873, § 3154; Code 1882, § 3154; Civil Code 1895, § 4005; Civil Code 1910, § 4602; Code 1933, § 37-409.)
GA Code § 23-2-110 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 6 - Exercise of Powers of Appointment and Sale|§ 23-2-110. Equitable Jurisdiction Over Powers

 Powers, especially of appointment, being always founded on trust or confidence, are peculiarly subjects of equitable supervision.   (Orig. Code 1863, § 3097; Code 1868, § 3109; Code 1873, § 3166; Code 1882, § 3166; Civil Code 1895, § 4017; Civil Code 1910, § 4614; Code 1933, § 37-601.)
GA Code § 23-2-111 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 6 - Exercise of Powers of Appointment and Sale|§ 23-2-111. Exercise of Discretionary Powers Not Compellable Generally

 Equity may not compel a party, having a discretion, to exercise a power of appointment.   (Orig. Code 1863, § 3098; Code 1868, § 3110; Code 1873, § 3167; Code 1882, § 3167; Civil Code 1895, § 4018; Civil Code 1910, § 4615; Code 1933, § 37-602.)
GA Code § 23-2-112 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 6 - Exercise of Powers of Appointment and Sale|§ 23-2-112. When Faithful Execution of Power Compellable

 In all cases where no discretion is allowed or the discretion allowed is abused, equity may compel a faithful execution of the power.   (Orig. Code 1863, § 3102; Code 1868, § 3114; Code 1873, § 3171; Code 1882, § 3171; Civil Code 1895, § 4022; Civil Code 1910, § 4619; Code 1933, § 37-606.)   RESEARCH REFERENCES   C.J.S.   - 72 C.J.S., Powers, §§ 33 et seq., 48.   ALR.    - When power to appoint property regarded as a power in trust which equity will exercise in the event of donee's failure, 80 A.L.R. 503.    Will executed before creation of power to appoint property as an exercise of the power, 91 A.L.R. 621.    Property covered by power of appointment as subject to claims of donee's creditors, 97 A.L.R. 1071; 121 A.L.R. 803.   Parties defendant to stockholder's suit to compel declaration of dividend, 15 A.L.R.2d 1124.
GA Code § 23-2-113 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 6 - Exercise of Powers of Appointment and Sale|§ 23-2-113. When Equity May Relieve Against Collusive, Illusory, Mistaken, etc., Executions

  As used in this Code section, the term:   "Collusive execution" means every execution whereby the person exercising a power uses it by contrivance for his own benefit, he not being legitimately an intended beneficiary.   "Illusory appointment" means an appointment whereby a nominal benefit only is given to one of a class, to all of whom a substantial benefit was intended.     Equity may relieve against mistaken or defective executions, collusive executions, and illusory appointments.    (Orig. Code 1863, §§ 3098, 3099, 3100; Code 1868, §§ 3110, 3111, 3112; Code 1873, §§ 3167, 3168, 3169; Code 1882, §§ 3167, 3168, 3169; Civil Code 1895, §§ 4018, 4019, 4020; Civil Code 1910, §§ 4615, 4616, 4617; Code 1933, §§ 37-602, 37-603, 37-604.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 62 Am. Jur. 2d, Powers, § 73.   C.J.S.   - 72 C.J.S., Powers, § 45.   ALR.    - Property covered by power of appointment as subject to claims of donee's creditors, 59 A.L.R. 1510; 97 A.L.R. 1071; 121 A.L.R. 803.
GA Code § 23-2-115 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 6 - Exercise of Powers of Appointment and Sale|§ 23-2-115. When Private Sale Authorized

 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 executor, trustee, guardian, or attorney in fact, with or without advertisement and on such terms and conditions as the donee of the power may deem advisable, without the necessity of applying for leave to sell or obtaining any order therefor from any court; provided, however, that this Code section shall not apply to powers of sale in security deeds, mortgages, trust deeds, bills of sale, and other instruments conveying property or creating a lien thereon, to secure a debt or debts.   (Ga. L. 1955, p. 430, § 1.)   RESEARCH REFERENCES   C.J.S.   - 72 C.J.S., Powers, § 24 et seq.   ALR.    - Doctrine of equitable conversion as affected by discretion as to time, manner or other circumstances of sale, where the duty to sell is mandatory, 124 A.L.R. 1448.
GA Code § 23-2-116 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 6 - Exercise of Powers of Appointment and Sale|§ 23-2-116. When Powers of Sale Exercisable by Successor Administrator, Trustee, or Guardian

 Unless expressly limited in an instrument creating a power of sale or unless specifically otherwise provided in the instrument, the power of sale conferred upon an executor, trustee, or guardian may be exercised and executed by an administrator with the will annexed or by a successor administrator, trustee, or guardian. If the power is conferred upon more than one executor, trustee, or guardian, the surviving or remaining executor or executors, trustee or trustees, or guardian or guardians may exercise and execute the power.   (Ga. L. 1955, p. 430, § 2.)