Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 5. ACQUISITION AND LOSS OF PROPERTY · Article 3. COVENANTS AND WARRANTIES

44-5-64. Action for breach of warranty — Burden of proof.

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

In actions for breach of warranty of title, the burden of proof is on the plaintiff except in cases where outstanding encumbrances have been paid off or possession has been yielded as a consequence of legal proceedings of which the warrantor had notice and an opportunity to defend.

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.

Civil Code 1895, § 3617; Civil Code 1910, § 4197; Code 1933, § 29-306.

Form to be used in action for breach of warranty in deed, § 9-10-203.

History of Code section.: This Code section is derived from the decisions in Leary v. Durham, 4 Ga. 593 (1848), and Amos v. Cosby, 77 Ga. 793 (1885).

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

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, page 453; merge action: carried; file SHA-256 490191d3dc54.