§ 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. History. Code 1981, […]
§ 23-3-90. Interpleader; When Compelled; Taxing of Costs, Attorney’s Fees
Whenever a person is possessed of property or funds or owes a debt or duty, to which more than one person lays claim of such a character as to render it doubtful or dangerous for the holder to act, he may apply to equity to compel the claimants to interplead. If the person bringing the […]
§ 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, […]
§ 23-3-2. 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. History. Ga. L. 1884-85, p. 36, § 1; Civil Code 1895, § 4834; Civil Code 1910, § 5407; Code 1933, § 37-902. Law reviews. For comment on McMillian v. Spencer, 162 […]
§ 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. History. Ga. L. 1884-85, p. 36, § 1; Civil Code 1895, § 4836; Civil Code 1910, § […]