reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 3 - FRAUD (§§ 23-2-50 — 23-2-60) › Section 23-2-51 - Fraud as 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.
(c)
Actual fraud implies moral guilt; constructive fraud may be consistent with innocence.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 3 - FRAUD (§§ 23-2-50 — 23-2-60) › Section 23-2-52 - Misrepresentation as legal fraud

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 3 - FRAUD (§§ 23-2-50 — 23-2-60) › Section 23-2-53 - Suppression of fact as fraud

Suppression of a material fact which a party is under an obligation to communicate constitutes fraud. The obligation to communicate may arise from the confidential relations of the parties or from the particular circumstances of the case.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 3 - FRAUD (§§ 23-2-50 — 23-2-60) › Section 23-2-54 - Surprise as a form of fraud

Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse his judgment or to mislead him, of which the opposite party takes an undue advantage, is in equity a surprise and is a form of fraud for which relief is granted.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 3 - FRAUD (§§ 23-2-50 — 23-2-60) › Section 23-2-55 - Use of similar trademarks, names, or devices

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 3 - FRAUD (§§ 23-2-50 — 23-2-60) › Section 23-2-56 - Consummation of fraud

Fraud may be consummated by signs or tricks, or through agents employed to deceive, or by any other unfair way used to cheat another.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 3 - FRAUD (§§ 23-2-50 — 23-2-60) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 3 - FRAUD (§§ 23-2-50 — 23-2-60) › Section 23-2-58 - Confidential relations defined

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.
Amended by 2020 Ga. Laws 508,§ 2-26, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 3 - FRAUD (§§ 23-2-50 — 23-2-60) › Section 23-2-59 - Acquisition of antagonistic rights by one in confidential relationship

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 3 - FRAUD (§§ 23-2-50 — 23-2-60) › Section 23-2-60 - Annulment of conveyances for fraud

Fraud will authorize equity to annul conveyances, however solemnly executed.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 4 - ACCOUNTING OF CONTRIBUTION; APPORTIONMENT; SETOFF (§§ 23-2-70 — 23-2-76) › Section 23-2-70 - Scope of equity jurisdiction over matters of account

Equity jurisdiction over matters of account shall extend to:
(1)
Mutual accounts growing out of privity of contract;
(2)
Cases where accounts are complicated and intricate;
(3)
Cases where a discovery or writ of ne exeat is prayed and granted;
(4)
Cases where the account is of a trust fund;
(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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 4 - ACCOUNTING OF CONTRIBUTION; APPORTIONMENT; SETOFF (§§ 23-2-70 — 23-2-76) › Section 23-2-71 - Entitlement to contribution; when equity has jurisdiction

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 4 - ACCOUNTING OF CONTRIBUTION; APPORTIONMENT; SETOFF (§§ 23-2-70 — 23-2-76) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 4 - ACCOUNTING OF CONTRIBUTION; APPORTIONMENT; SETOFF (§§ 23-2-70 — 23-2-76) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 4 - ACCOUNTING OF CONTRIBUTION; APPORTIONMENT; SETOFF (§§ 23-2-70 — 23-2-76) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 4 - ACCOUNTING OF CONTRIBUTION; APPORTIONMENT; SETOFF (§§ 23-2-70 — 23-2-76) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 4 - ACCOUNTING OF CONTRIBUTION; APPORTIONMENT; SETOFF (§§ 23-2-70 — 23-2-76) › Section 23-2-76 - Equitable setoff

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 5 - ADMINISTRATION OF ASSETS GENERALLY (§§ 23-2-90 — 23-2-98) › Section 23-2-90 - Legal and equitable assets defined; rules of distribution

(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.
(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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 5 - ADMINISTRATION OF ASSETS GENERALLY (§§ 23-2-90 — 23-2-98) › Section 23-2-91 - When equity will interfere with administration of estates

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
(2)
Application of any person interested in the estate where there is danger of loss or other injury to his interests.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 5 - ADMINISTRATION OF ASSETS GENERALLY (§§ 23-2-90 — 23-2-98) › Section 23-2-92 - Application for direction or construction of will

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 5 - ADMINISTRATION OF ASSETS GENERALLY (§§ 23-2-90 — 23-2-98) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 5 - ADMINISTRATION OF ASSETS GENERALLY (§§ 23-2-90 — 23-2-98) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 5 - ADMINISTRATION OF ASSETS GENERALLY (§§ 23-2-90 — 23-2-98) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 5 - ADMINISTRATION OF ASSETS GENERALLY (§§ 23-2-90 — 23-2-98) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 5 - ADMINISTRATION OF ASSETS GENERALLY (§§ 23-2-90 — 23-2-98) › Section 23-2-97 - Time limit for intervention in case disposing of assets; publication of order

(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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 5 - ADMINISTRATION OF ASSETS GENERALLY (§§ 23-2-90 — 23-2-98) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 6 - EXERCISE OF POWERS OF APPOINTMENT AND SALE (§§ 23-2-110 — 23-2-120) › Section 23-2-110 - Equitable jurisdiction over powers

Powers, especially of appointment, being always founded on trust or confidence, are peculiarly subjects of equitable supervision.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 6 - EXERCISE OF POWERS OF APPOINTMENT AND SALE (§§ 23-2-110 — 23-2-120) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 6 - EXERCISE OF POWERS OF APPOINTMENT AND SALE (§§ 23-2-110 — 23-2-120) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 6 - EXERCISE OF POWERS OF APPOINTMENT AND SALE (§§ 23-2-110 — 23-2-120) › Section 23-2-113 - When equity may relieve against collusive, illusory, mistaken, etc., executions

(a)
As used in this Code section, the term:
(1)
"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.
(2)
"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.
(b)
Equity may relieve against mistaken or defective executions, collusive executions, and illusory appointments.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 6 - EXERCISE OF POWERS OF APPOINTMENT AND SALE (§§ 23-2-110 — 23-2-120) › Section 23-2-114 - Powers of sale to be construed strictly; manner of sale; who may exercise

Powers of sale in deeds of trust, mortgages, and other instruments shall be strictly construed and shall be fairly exercised. In the absence of stipulations to the contrary in the instrument, the time, place, and manner of sale shall be that pointed out for public sales. Unless the instrument creating the power specifically provides to the contrary, a personal representative, heir, heirs, legatee, devisee, or successor of the grantee in a mortgage, deed of trust, deed to secure debt, bill of sale to secure debt, or other like instrument, or an assignee thereof, or his personal representative, heir, heirs, legatee, devisee, or successor may exercise any power therein contained; and such powers may so be exercised regardless of whether or not the transfer specifically includes the powers or conveys title to the property described. A power of sale not revocable by death of the grantor or donor may be exercised after his death in the same manner and to the same extent as though the grantor or donor were in life; and it shall not be necessary in the exercise of the power to advertise or sell as the property of the estate of the deceased nor to make any mention of or reference to the death.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 6 - EXERCISE OF POWERS OF APPOINTMENT AND SALE (§§ 23-2-110 — 23-2-120) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 6 - EXERCISE OF POWERS OF APPOINTMENT AND SALE (§§ 23-2-110 — 23-2-120) › Section 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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 6 - EXERCISE OF POWERS OF APPOINTMENT AND SALE (§§ 23-2-110 — 23-2-120) › Section 23-2-117 - When release, relinquishment, or covenant as to exercise of power of appointment authorized

Any person holding a power of appointment, general or special, whether exercisable by deed or by will only or otherwise, and whether reserved by the holder of the power or conferred upon him by another, may, as to all or any part of the property covered by the power of appointment, release or relinquish the power completely, or may release or relinquish the right to exercise the power except among a limited class set out in the release or relinquishment, or may covenant that the power will be exercised only in favor of the members of a limited class; and any such release, relinquishment, or covenant executed and delivered as provided in Code Sections
23-2-118
and
23-2-119
shall be valid and binding, whether with or without a consideration, provided that no such release, relinquishment, or covenant shall have the effect of permitting the property to be appointed to a person not permitted by the original power.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 6 - EXERCISE OF POWERS OF APPOINTMENT AND SALE (§§ 23-2-110 — 23-2-120) › Section 23-2-118 - Release, relinquishment, or covenant as to exercise of power of appointment to be in writing; delivery or recordation

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 6 - EXERCISE OF POWERS OF APPOINTMENT AND SALE (§§ 23-2-110 — 23-2-120) › Section 23-2-119 - When fiduciaries or bona fide purchasers affected by release, relinquishment, or covenant as to exercise of power of appointment

No fiduciary holding or distributing any property subject to a power of appointment as referred to in Code Section
23-2-117
shall be deemed to have notice of the release, relinquishment, or covenant or be bound thereby unless and until a copy thereof is delivered to the fiduciary. No bona fide purchaser purchasing the property shall be affected by the release, relinquishment, or covenant unless he has notice thereof or unless the release, relinquishment, or covenant has been recorded in the office of the clerk of the superior court of the county in which the property is located.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 6 - EXERCISE OF POWERS OF APPOINTMENT AND SALE (§§ 23-2-110 — 23-2-120) › Section 23-2-120 - Application of Code Sections 23-2-117 through 23-2-119

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 7 - NONPERFORMANCE OF CONTRACT (§§ 23-2-130 — 23-2-136) › Section 23-2-130 - When specific performance decreed generally

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 7 - NONPERFORMANCE OF CONTRACT (§§ 23-2-130 — 23-2-136) › Section 23-2-131 - When specific performance of parol contract for land decreed; sufficient part performance

(a)
The specific performance of a parol contract as to land shall be decreed if the defendant admits the contract or if the contract has been so far executed by the party seeking relief and at the instance or by the inducements of the other party that if the contract were abandoned he could not be restored to his former position.
(b)
Full payment alone accepted by the vendor, or partial payment accompanied with possession, or possession alone with valuable improvements, if clearly proved in each case to have been done with reference to the parol contract, shall be sufficient part performance to justify a decree.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 7 - NONPERFORMANCE OF CONTRACT (§§ 23-2-130 — 23-2-136) › Section 23-2-132 - When voluntary agreement enforced

Specific performance will not be decreed of a voluntary agreement or merely gratuitous promise. If, however, possession of lands has been given under such an agreement, upon a meritorious consideration, and valuable improvements have been made upon the faith thereof, equity will decree the performance of the agreement.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 7 - NONPERFORMANCE OF CONTRACT (§§ 23-2-130 — 23-2-136) › Section 23-2-133 - Inadequacy of price; unfair or unjust contracts

Mere inadequacy of price, though not sufficient to rescind a contract, may justify a court in refusing to decree a specific performance, as may any other fact showing the contract to be unfair, unjust, or against good conscience.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 7 - NONPERFORMANCE OF CONTRACT (§§ 23-2-130 — 23-2-136) › Section 23-2-134 - Vendor's ability to comply

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 7 - NONPERFORMANCE OF CONTRACT (§§ 23-2-130 — 23-2-136) › Section 23-2-135 - Damages when specific performance impossible

If, for any cause, specific performance is impossible or if the vendee declines to accept a performance in part, the court may proceed to assess damages for the breach of the contract.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 2 - GROUNDS FOR EQUITABLE RELIEF (§§ 23-2-1 — 23-2-136) › Article 7 - NONPERFORMANCE OF CONTRACT (§§ 23-2-130 — 23-2-136) › Section 23-2-136 - Specific personalty; damages or delivery

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 1 - GENERAL PROVISIONS (§§ 23-3-1 — 23-3-4) › Section 23-3-1 - Legal and equitable rights given effect; legal and equitable remedies applied

The superior courts, on the trial of any civil case, shall give effect to all the rights of the parties, legal, equitable, or both, and apply remedies or relief, legal, equitable, or both, in favor of either party, as the nature of the case may allow or require.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 1 - GENERAL PROVISIONS (§§ 23-3-1 — 23-3-4) › Section 23-3-2 - How equitable relief claimed

Any person may, in any civil action, claim equitable relief by appropriate and sufficient pleadings and obtain the equitable relief proper in the case.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 1 - GENERAL PROVISIONS (§§ 23-3-1 — 23-3-4) › Section 23-3-3 - Ancillary extraordinary remedies

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 1 - GENERAL PROVISIONS (§§ 23-3-1 — 23-3-4) › Section 23-3-4 - Extraordinary remedies for defendant

Any defendant may, by proper pleadings and sufficient evidence, obtain the benefit of extraordinary remedies allowed in equitable proceedings by the superior court.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 2 - NE EXEAT (§§ 23-3-20 — 23-3-25) › Section 23-3-20 - Nature of ne exeat; when granted

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;
(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;
(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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 2 - NE EXEAT (§§ 23-3-20 — 23-3-25) › Section 23-3-21 - Showing required

In every case of application for a writ of ne exeat, the complaining party shall show that no adequate remedy is afforded at law, and that the defendant is removing or about to remove himself, his property, or the specific property to which the complainant claims title or an interest.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 2 - NE EXEAT (§§ 23-3-20 — 23-3-25) › Section 23-3-22 - Verification necessary; bond and additional verification at judge's discretion

(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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 2 - NE EXEAT (§§ 23-3-20 — 23-3-25) › Section 23-3-23 - Defendant's bond; responsibility of officer taking insufficient security

The defendant may relieve himself, his property, or the specific property from the restraint imposed by giving bond in double the value of plaintiff's claim, with good security, to the officer serving the process, for the forthcoming of each or either, according to the tenor of the writ, to answer to complainant's claim or abide by the order and decree of the court. The judge granting the writ may, in his discretion, require a larger bond. An officer receiving insufficient security shall be held surety himself, and the sureties on his bond may be held responsible therefor.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 2 - NE EXEAT (§§ 23-3-20 — 23-3-25) › Section 23-3-24 - Disposition of property

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 2 - NE EXEAT (§§ 23-3-20 — 23-3-25) › Section 23-3-25 - Issuance of writ without judge's sanction

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 1 - CONVENTIONAL QUIA TIMET (§§ 23-3-40 — 23-3-44) › Section 23-3-40 - Purpose of quia timet

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 1 - CONVENTIONAL QUIA TIMET (§§ 23-3-40 — 23-3-44) › Section 23-3-41 - When relief granted; costs

(a)
In all proceedings quia timet or proceedings to remove clouds upon titles to real estate, if a proper case is made, the relief sought shall be granted to any complainant irrespective of whether the invalidity of the instrument sought to be canceled appears upon the face of the instrument or whether the invalidity appears or arises solely from facts outside of the instrument.
(b)
In such cases the costs shall be taxed against the litigants in the discretion of the court; provided, however, that, in any case where it is found that the defendant fraudulently created the instrument that is sought to be cancelled, the complainant shall be entitled to recover all costs, including reasonable attorney's fees, incurred in bringing the action to cancel such instrument.
Amended by 2024 Ga. Laws 549,§ 2-2, eff. 5/2/2024.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 1 - CONVENTIONAL QUIA TIMET (§§ 23-3-40 — 23-3-44) › Section 23-3-42 - Cloud on title; what constitutes; when removable

An instrument which, by itself or in connection with proof of possession by a former occupant or other extrinsic facts, gives the claimant thereunder an apparent right in or to the property may constitute a cloud on the title of the true owner; and the latter may proceed to have the same removed upon proof:
(1)
That he cannot immediately or effectually maintain or protect his rights by any other course of proceeding open to him;
(2)
That the instrument sought to be canceled is such as would operate to throw a cloud or suspicion upon his title and might be vexatiously or injuriously used against him;
(3)
That he either suffers some present injury by reason of the hostile claim of right or, though the claim has not been asserted adversely or aggressively, he has reason to apprehend that the evidence upon which he relies to impeach or invalidate the same as a claim upon his title may be lost or impaired by lapse of time.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 1 - CONVENTIONAL QUIA TIMET (§§ 23-3-40 — 23-3-44) › Section 23-3-43 - Special master

At the option of the complainant as prayed for in the complaint, the court, upon receipt of the complaint, shall submit the same to a special master as provided for in Code Sections
23-3-63
through
23-3-68
, except that as in other equity cases there shall be no right to a jury trial.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 1 - CONVENTIONAL QUIA TIMET (§§ 23-3-40 — 23-3-44) › Section 23-3-44 - Redemption and notice

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.
Amended by 2001 Ga. Laws 2, § 23, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 2 - QUIA TIMET AGAINST ALL THE WORLD (§§ 23-3-60 — 23-3-73) › Section 23-3-60 - Purpose of part

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 2 - QUIA TIMET AGAINST ALL THE WORLD (§§ 23-3-60 — 23-3-73) › Section 23-3-61 - Who may bring proceeding

Any person, which term shall include a corporation, partnership, or other association, who claims an estate of freehold present or future or any estate for years of which at least five years are unexpired, including persons holding lands under tax deeds, in any land in this state, whether in the actual and peaceable possession thereof or not and whether the land is vacant or not, may bring a proceeding in rem against all the world to establish his title to the land and to determine all adverse claims thereto or to remove any particular cloud or clouds upon his title to the land, including an equity of redemption, which proceeding may be against all persons known or unknown who claim or might claim adversely to him, whether or not the petition discloses any known or possible claimants.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 2 - QUIA TIMET AGAINST ALL THE WORLD (§§ 23-3-60 — 23-3-73) › Section 23-3-62 - Venue; contents, verification and filing of petition; filing in lis pendens docket

(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.
(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
.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 2 - QUIA TIMET AGAINST ALL THE WORLD (§§ 23-3-60 — 23-3-73) › Section 23-3-63 - Submission to special master

The court, upon receipt of the petition together with the plat and instruments filed therewith, shall submit the same to a special master who shall be a person who is authorized to practice law in this state and is a resident of the judicial circuit wherein the action is brought.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 2 - QUIA TIMET AGAINST ALL THE WORLD (§§ 23-3-60 — 23-3-73) › Section 23-3-64 - Other required evidence

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 2 - QUIA TIMET AGAINST ALL THE WORLD (§§ 23-3-60 — 23-3-73) › Section 23-3-65 - Notice; process; service by publication; filing of adverse pleading; appointment of disinterested representative

(a)
Upon the filing of all evidence with him, the master shall:
(1)
Determine who is entitled to notice, including, but not limited to, all adjacent landowners and all adverse claimants as to whose adverse claims petitioner has actual or constructive notice;
(2)
Cause process to issue, directed to all persons who are entitled to notice and to all other persons whom it may concern.
(b)
Process shall be served upon known persons whose residence is ascertainable by the sheriff or his deputy as provided by law. In all cases where service by publication is permitted under the laws and where the respondent or other party resides outside this state or whose residence is unknown and it is necessary to perfect service upon such person by publication, upon the fact being made to appear to the judge or clerk of the court in which the action is pending, the judge or clerk may order service to be perfected by publication in the paper in which sheriffs' advertisements are printed, four times within the ensuing 30 days, publications to be weekly. The published notice shall contain the name of the petitioner and respondent with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the court in which the action is pending within 30 days of the date of the order for service by publication, and shall bear teste in the name of the judge and shall be signed by the clerk of the court. The date upon which the nonresident or party whose residence is unknown is called upon to appear shall be the appearance day of the case.
(c)
Any adverse party shall be entitled to have at least 30 days after completion of service to file any pleading he desires in the matter before the court.
(d)
If, upon the filing of the petition or of the evidence required by him, the master finds that there are persons under a disability, or minors, or persons not in being, unascertained, or unknown who may have an interest, he shall appoint a disinterested person, in the nature of a guardian ad litem, who shall be served with copies of the notice prescribed and who shall represent these interests.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 2 - QUIA TIMET AGAINST ALL THE WORLD (§§ 23-3-60 — 23-3-73) › Section 23-3-66 - Jurisdiction of special master; trial by jury

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 2 - QUIA TIMET AGAINST ALL THE WORLD (§§ 23-3-60 — 23-3-73) › Section 23-3-67 - Decree; effect of recordation

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 2 - QUIA TIMET AGAINST ALL THE WORLD (§§ 23-3-60 — 23-3-73) › Section 23-3-68 - Compensation of master and representative; taxing as part of costs

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.
2023 CODE OF GEORGIA › Title 23 - EQUITY (§§ 23-1-1 — 23-4-38) › Chapter 3 - EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY (§§ 23-3-1 — 23-3-127) › Article 3 - QUIA TIMET (§§ 23-3-40 — 23-3-73) › Part 2 - QUIA TIMET AGAINST ALL THE WORLD (§§ 23-3-60 — 23-3-73) › Section 23-3-69 - Intervention after entering of decree

At any time within 30 days from the entering of the final decree, any person not previously a party who claims an interest in the land may intervene, in which event the case shall be reopened as to that party so that his rights may be adjudicated.