§ 23-3-70. Joinder
Two or more persons having separate and distinct parcels of land in the same county and holding under the same source of title or persons having separate and distinct interests in the same parcel or parcels may join in a petition under this part against the same supposed claimants. A petitioner may join separate causes […]
§ 23-3-71. Liberal Construction
This part shall be liberally construed. History. Ga. L. 1966, p. 443, § 12.
§ 23-3-72. Remedy Cumulative
The remedy provided by this part is intended to be cumulative and not exclusive. History. Ga. L. 1966, p. 443, § 13.
§ 23-2-133. Inadequacy of Price; Unfair or Unjust Contracts
Mere inadequacy of price, though not sufficient to rescind a contract, may justify a court in refusing to decree a specific performance, as may any other fact showing the contract to be unfair, unjust, or against good conscience. History. Orig. Code 1863, § 3122; Code 1868, § 3134; Code 1873, § 3190; Code 1882, § […]
§ 23-3-42. Cloud on Title; What Constitutes; When Removable
An instrument which, by itself or in connection with proof of possession by a former occupant or other extrinsic facts, gives the claimant thereunder an apparent right in or to the property may constitute a cloud on the title of the true owner; and the latter may proceed to have the same removed upon proof: […]
§ 23-2-134. Vendor’s Ability to Comply
The vendor seeking specific performance shall show an ability to comply substantially with his contract in every part and as to all the property. However, a vendor’s want of title or other inability as to part of the property shall not be a good answer to the vendee seeking performance who is willing to accept […]
§ 23-2-135. Damages When Specific Performance Impossible
If, for any cause, specific performance is impossible or if the vendee declines to accept a performance in part, the court may proceed to assess damages for the breach of the contract. History. Orig. Code 1863, § 3124; Code 1868, § 3136; Code 1873, § 3192; Code 1882, § 3192; Civil Code 1895, § 4042; […]
§ 23-2-136. Specific Personalty; Damages or Delivery
Any good reason in equity and good conscience why the complainant should have the possession of specific personalty to which he has title shall sustain an action for specific performance or delivery and, unless rebutted by other equitable reasons, shall justify a decree. The jury in such cases may decree either damages or specific delivery. […]
§ 23-3-1. Legal and Equitable Rights Given Effect; Legal and Equitable Remedies Applied
The superior courts, on the trial of any civil case, shall give effect to all the rights of the parties, legal, equitable, or both, and apply remedies or relief, legal, equitable, or both, in favor of either party, as the nature of the case may allow or require. History. Ga. L. 1887, p. 64, § […]
§ 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 […]