§ 24-14-22. Presumption From Failure to Produce Evidence
If a party has evidence in such party’s power and within such party’s reach by which he or she may repel a claim or charge against him or her but omits to produce it or if such party has more certain and satisfactory evidence in his or her power but relies on that which is […]
§ 24-14-23. Presumption From Failure to Answer Business Letter
In the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from another to answer within a reasonable time. Otherwise, the party shall be presumed to admit the propriety of the acts mentioned in the letter of the party’s correspondent and to adopt them. […]
§ 24-14-24. Presumption of Occupancy of Railroad Right of Way
In any proceeding to establish a right, title, or interest in or to real property that is a part of a railroad right of way, including a right of ingress or egress, where such proceeding is based upon occupancy of the railroad right of way by a person or entity other than the railroad corporation […]
§ 24-14-25. Presumption of Payment of Check
As used in this Code section: “Bank” means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union. “Check” means a draft, other than a documentary draft, payable on demand and drawn on a bank, even though it is […]
§ 24-14-26. Estoppels Defined; Enumeration Generally
Conclusive presumptions of law are termed estoppels; averments to the contrary of such presumptions shall not be allowed. Estoppels are not generally favored. Estoppels include presumptions in favor of: A record or judgment unreversed; The proper conduct of courts and judicial officers acting within their legitimate spheres; The proper conduct of other officers of the […]
§ 24-14-27. Estoppel Relating to Real Estate
Where an estoppel relates to the title to real estate, the party claiming to have been influenced by the other party’s acts or declarations shall not only have been ignorant of the true title, but also ignorant of any convenient means of acquiring such knowledge. Where both parties have equal knowledge or equal means of […]
§ 24-14-28. Trustees Estopped to Set Up Title Adverse to Trust
Trustees and other representatives with custody of papers have ample opportunities to discover defects in the title of property in their care and shall be estopped from setting up title adverse to their trust. History. Code 1981, § 24-14-28 , enacted by Ga. L. 2011, p. 99, § 2/HB 24. History of Code section. Former […]
§ 24-14-29. Equitable Estoppel
In order for an equitable estoppel to arise, there shall generally be some intended deception in the conduct or declarations of the party to be estopped, or such gross negligence as to amount to constructive fraud, by which another has been misled to his or her injury. History. Code 1981, § 24-14-29 , enacted by […]
§ 24-14-21. Rebuttable Presumptions of Law
Certain presumptions of law, such as the presumption of innocence, in some cases the presumption of guilt, the presumption of continuance of life for seven years, the presumption of a mental state once proved to exist, and all similar presumptions, may be rebutted by proof. History. Code 1981, § 24-14-21 , enacted by Ga. L. […]
§ 24-14-20. Presumptions of Law and of Fact Distinguished
Presumptions are either of law or of fact. Presumptions of law are conclusions and inferences which the law draws from given facts. Presumptions of fact shall be exclusively questions for the jury, to be decided by the ordinary test of human experience. History. Code 1981, § 24-14-20 , enacted by Ga. L. 2011, p. 99, […]