§ 23-2-21. What Mistakes Relievable in Equity; Power to Relieve to Be Exercised Cautiously

1. A mistake relievable in equity is some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence.
2. Mistakes may be either of law or of fact.
3. 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.

History. Orig. Code 1863, §§ 3050, 3053; Code 1868, §§ 3062, 3065; Code 1873, §§ 3117, 3120; Code 1882, §§ 3117, 3120; Civil Code 1895, §§ 3973, 3977; Civil Code 1910, §§ 4570, 4574; Code 1933, §§ 37-202, 37-203.

Cross references.

Form of complaint for money paid by mistake, § 9-11-107 .

Law reviews.

For note, the voluntary-payment doctrine in Georgia, see 16 Ga. L. Rev. 893 (1982).