All equity jurisdiction shall be vested in the superior courts of the several counties and in the Georgia State-wide Business Court as provided in Code Section 15-5A-3. History. Laws 1799, Cobb’s 1851 Digest, p. 467; Code 1863, § 3013; Code 1868, § 3025; Code 1873, § 3080; Code 1882, § 3080; Civil Code 1895, § […]
He who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action. History. Orig. Code 1863, § 3017; Code 1868, § 3029; Code 1873, § 3084; Code 1882, § 3084; Civil Code 1895, § 3924; Civil Code 1910, § 4521; […]
Where equities are equal, the law shall prevail. If equities are unequal, the superior equity shall prevail. Superior diligence as to time will create such inequality. History. Orig. Code 1863, § 3020; Code 1868, § 3032; Code 1873, § 3087; Code 1882, § 3087; Civil Code 1895, § 3927; Civil Code 1910, § 4524; Code […]
The equity of a party who has been misled is superior to that of the person who willfully misleads such party. History. Orig. Code 1863, § 3022; Code 1868, § 3034; Code 1873, § 3089; Code 1882, § 3089; Civil Code 1895, § 3929; Civil Code 1910, § 4526; Code 1933, § 37-109.
The equity under trust or contract for value is superior to that of a mere volunteer. History. Orig. Code 1863, § 3021; Code 1868, § 3033; Code 1873, § 3088; Code 1882, § 3088; Civil Code 1895, § 3928; Civil Code 1910, § 4525; Code 1933, § 37-108.
When one of two innocent persons must suffer by the act of a third person, he who put it in the power of the third person to inflict the injury shall bear the loss. History. Civil Code 1895, § 3940; Civil Code 1910, § 4537; Code 1933, § 37-113. History of Code section. The language […]
When both parties are equally at fault, equity will not interfere but will leave them where it finds them. The rule is otherwise if the fault of one decidedly overbalances that of the other. History. Orig. Code 1863, § 3026; Code 1868, § 3038; Code 1873, § 3093; Code 1882, § 3093; Civil Code 1895, […]
He who takes with notice of an equity takes subject to that equity. History. Orig. Code 1863, § 3024; Code 1868, § 3036; Code 1873, § 3091; Code 1882, § 3091; Civil Code 1895, § 3932; Civil Code 1910, § 4529; Code 1933, § 37-115.
Notice sufficient to excite attention and put a party on inquiry shall be notice of everything to which it is afterwards found that such inquiry might have led. Ignorance of a fact due to negligence shall be equivalent to knowledge in fixing the rights of parties. History. Civil Code 1895, § 3933; Civil Code 1910, […]
Decrees ordinarily bind only parties and their privies; but a pending action shall be a general notice of an equity or claim to all the world from the time the action is filed and docketed. If the same is duly prosecuted and is not collusive, one who purchases pending the final outcome of the litigation […]
If one with notice sells to one without notice, the latter shall be protected. If one without notice sells to one with notice, the latter shall be protected, as otherwise a bona fide purchaser might be deprived of selling his property for full value. History. Civil Code 1895, § 3938; Civil Code 1910, § 4535; […]
Generally, equity jurisprudence embraces the same matters of jurisdiction and modes of remedy as were allowed and practiced in England. History. Orig. Code 1863, § 3033; Code 1868, § 3045; Code 1873, § 3100; Code 1882, § 3100; Civil Code 1895, § 3945; Civil Code 1910, § 4542; Code 1933, § 37-124.
A bona fide purchaser for value without notice of an equity will not be interfered with by equity. History. Orig. Code 1863, § 3025; Code 1868, § 3037; Code 1873, § 3092; Code 1882, § 3092; Civil Code 1895, § 3934; Civil Code 1910, § 4531; Code 1933, § 37-111. Law reviews. For note, “Vesting […]
Equity will not force persons to litigate in order to have done what they ought to do and are willing to do voluntarily. History. Civil Code 1895, § 3935; Civil Code 1910, § 4532; Code 1933, § 37-118. History of Code section. This Code section is derived from the decisions in Sperry & Niles v. […]
A diligent creditor shall not needlessly be interfered with in the prosecution of his legal remedies. History. Civil Code 1895, § 3942; Civil Code 1910, § 4539; Code 1933, § 37-121. History of Code section. This Code section is derived from the decision in Burgwyn Bros. Tobacco Co. v. Bentley & Co., 90 Ga. 508 […]
Where the rules of construction will allow, equity seeks always to construe conditions subsequent into covenants and to relieve against forfeitures. History. Orig. Code 1863, § 3048; Code 1868, § 3060; Code 1873, § 3115; Code 1882, § 3115; Civil Code 1895, § 3971; Civil Code 1910, § 4568; Code 1933, § 37-216.
A case of election arises whenever a person is entitled to one of two benefits, to each of which he has legal title; but the enforcement of both would be unconscionable and inequitable to others having claims upon the same property or fund. In such cases equity may compel an election. History. Orig. Code 1863, […]
Equity gives no relief to one whose long delay renders the ascertainment of the truth difficult, even when no legal limitation bars the right. History. Orig. Code 1863, § 3027; Code 1868, § 3039; Code 1873, § 3094; Code 1882, § 3094; Civil Code 1895, § 3939; Civil Code 1910, § 4536; Code 1933, § […]
Equity jurisdiction is established and allowed for the protection and relief of parties where, from any peculiar circumstances, the operation of the general rules of law would be deficient in protecting from anticipated wrong or relieving for injuries done. History. Orig. Code 1863, § 3014; Code 1868, § 3026; Code 1873, § 3081; Code 1882, […]
Equity will not take cognizance of a plain legal right where an adequate and complete remedy is provided by law; but the mere privilege of a party to bring an action at law or the existence of a common-law remedy not as complete or effectual as the equitable relief shall not deprive equity of jurisdiction. […]
