Official Code of Georgia Annotated

Title 23. EQUITY · Chapter 3. EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY · Article 3. QUIA TIMET · Part 1. CONVENTIONAL QUIA TIMET

23-3-40. Purpose of quia timet.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

The proceeding quia timet is sustained in equity for the purpose of causing to be delivered and canceled any instrument which has answered the object of its creation or any forged or other iniquitous deed or other writing which, though not enforced at the time, either casts a cloud over the complainant’s title or otherwise subjects him to future liability or present annoyance, and the cancellation of which is necessary to his perfect protection.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3153; Code 1868, § 3165; Code 1873, § 3232; Code 1882, § 3232; Civil Code 1895, § 4892; Civil Code 1910, § 5465; Code 1933, § 37-1407.

Law reviews

For article discussing the problems associated with acquiring good title, see 15 Ga. B.J. 281 (1953). For article, ‘‘Tracing Georgia’s English Common Law Equity Jurisprudential Roots: Quia Timet,’’ see 14 The Journal of Southern Legal History 135 (2006). For annual survey on local government law, see 68 Mercer L. Rev. 199 (2016). For annual survey on real property, see 71 Mercer L. Rev. 241 (2019).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-2020-pdf.pdf, Volume V19, 2020 edition, page 480; merge action: annotated; file SHA-256 b3cf4ff62f2f.

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