Georgia Commons

Title 23. EQUITY

Chapter 2. GROUNDS FOR EQUITABLE RELIEF

63 sections · 23-2-1 to 23-2-136

Article 1. GENERAL PROVISIONS

  1. 23-2-1When equity will set aside judgment.Repealed
  2. 23-2-2Setting aside sale or contract for inadequate consideration.
  3. 23-2-3Payment of lost bonds or notes.

Article 2. ACCIDENT AND MISTAKE

  1. 23-2-20Which accidents relievable in equity.
  2. 23-2-21What mistakes relievable in equity; power to relieve to be exercised cautiously.
  3. 23-2-22Mistake of law in instrument by contracting parties.
  4. 23-2-23Mistake of law in instrument by agent.
  5. 23-2-24When mistake of fact relieved.
  6. 23-2-25Form of conveyance contrary to intent.
  7. 23-2-26Accident or mistake in execution of power.
  8. 23-2-27Equitable interference not authorized by mere ignorance of law.
  9. 23-2-28Equitable interference not authorized by mutual ignorance of fact; mistake in judgment of value.
  10. 23-2-29Equitable interference not authorized by failure to exercise diligence; ignorance of fact absent fraud.
  11. 23-2-30Reformation and execution of contract in case of mistake distinguished.
  12. 23-2-31Rescission for unilateral mistake of fact.
  13. 23-2-32When negligent complainant granted relief.
  14. 23-2-33Mere volunteers, in general; exception for executed contracts.
  15. 23-2-34Relief against original parties or privies; exception.

Article 3. FRAUD

  1. 23-2-50Concurrent jurisdiction over fraud.
  2. 23-2-51Fraud as actual or constructive.
  3. 23-2-52Misrepresentation as legal fraud.
  4. 23-2-53Suppression of fact as fraud.
  5. 23-2-54Surprise as a form of fraud.
  6. 23-2-55Use of similar trademarks, names, or devices.
  7. 23-2-56Consummation of fraud.
  8. 23-2-57Proving existence of fraud.
  9. 23-2-58Confidential relations defined.
  10. 23-2-59Acquisition of antagonistic rights by one in confidential relationship.
  11. 23-2-60Annulment of conveyances for fraud.

Article 4. ACCOUNTING OF CONTRIBUTION; APPORTIONMENT; SETOFF

  1. 23-2-70Scope of equity jurisdiction over matters of account.
  2. 23-2-71Entitlement to contribution; when equity has jurisdiction.
  3. 23-2-72Apportionment of contract, rent, or hire.
  4. 23-2-73Discharge of encumbrances affecting several interests.
  5. 23-2-74Burden of distinguishing mingled property.
  6. 23-2-75Offer to pay balance unnecessary.
  7. 23-2-76Equitable setoff.

Article 5. ADMINISTRATION OF ASSETS GENERALLY

  1. 23-2-90Legal and equitable assets defined; rules of distribution.
  2. 23-2-91When equity will interfere with administration of estates.
  3. 23-2-92Application for direction or construction of will.
  4. 23-2-93Marshaling assets of decedent’s estate.
  5. 23-2-94Compelled election in marshaling assets.
  6. 23-2-95Creditors’ petitions.
  7. 23-2-96When equitable assets may be reached by creditor.
  8. 23-2-97Time limit for intervention in case disposing of assets; publication of order.
  9. 23-2-98Application of joint and individual assets to debts.

Article 6. EXERCISE OF POWERS OF APPOINTMENT AND SALE

  1. 23-2-110Equitable jurisdiction over powers.
  2. 23-2-111Exercise of discretionary powers not compellable generally.
  3. 23-2-112When faithful execution of power compellable.
  4. 23-2-113When equity may relieve against collusive, illusory, mistaken, etc., executions.
  5. 23-2-114Powers of sale to be construed strictly; manner of sale; who may exercise.
  6. 23-2-115When private sale authorized.
  7. 23-2-116When powers of sale exercisable by successor administrator, trustee, or guardian.
  8. 23-2-117When release, relinquishment, or covenant as to exercise of power of appointment authorized.
  9. 23-2-118Release, relinquishment, or covenant as to exercise of power of appointment to be in writing; delivery or recordation.
  10. 23-2-119When fiduciaries or bona fide purchasers affected by release, relinquishment, or covenant as to exercise of power of appointment.
  11. 23-2-120Application of Code Sections 23-2-117 through 23-2-119.

Article 7. NONPERFORMANCE OF CONTRACT

  1. 23-2-130When specific performance decreed generally.
  2. 23-2-131When specific performance of parol contract for land decreed; sufficient part performance.
  3. 23-2-132When voluntary agreement enforced.
  4. 23-2-133Inadequacy of price; unfair or unjust contracts.
  5. 23-2-134Vendor’s ability to comply.
  6. 23-2-135Damages when specific performance impossible.
  7. 23-2-136Specific personalty; damages or delivery.