§ 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. History. […]
§ 23-3-91. Verification of Petition
Every petition for interpleader shall be verified and shall show that the petitioner is not in collusion with any party claiming the property. History. Civil Code 1895, § 4897; Civil Code 1910, § 5472; Code 1933, § 37-1504. History of Code section. This Code section is derived from the decisions in Burton v. Black, 32 […]
§ 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 […]
§ 23-3-92. Collateral Interpleader
If, in the progress of any proceeding in equity, the court perceives the necessity for parties to interplead, it may order such interpleader as collateral and ancillary to the main case. History. Orig. Code 1863, § 3157; Code 1868, § 3169; Code 1873, § 3236; Code 1882, § 3236; Civil Code 1895, § 4898; Civil […]
§ 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 […]
§ 23-3-110. Bill of Peace; When Entertained; Ancillary Injunction
It being the interest of this state that there shall be an end of litigation, equity will entertain a bill of peace: To confirm some right which has been previously satisfactorily established by more than one legal trial and is likely to be litigated again; To avoid a multiplicity of actions by establishing a right, […]
§ 23-3-62. Venue; Contents, Verification and Filing of Petition; Filing in Lis Pendens Docket
The proceeding in rem shall be instituted by filing a petition in the superior court of the county in which the land is situated. 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 […]
§ 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. History. Ga. L. 1966, p. […]
§ 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. History. Ga. L. 1884-85, p. 36, § 2; Civil Code 1895, § 4838; Civil Code 1910, § 5411; Code 1933, § 37-906.
§ 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: 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; Against […]