- In order for fraud to prevent the possession of property from being the foundation of prescription, such fraud must be actual or positive and not merely constructive or legal.
- When actual or positive fraud prevents or deters another party from acting, prescription shall not run until such fraud is discovered.
History. Civil Code 1895, § 3597; Civil Code 1910, § 4177; Code 1933, § 85-414.
History of Code section.
This Code section is derived from the decision in Salter v. Salter, 80 Ga. 178 , 4 S.E. 391 (1887).