Specific Personalty; Damages or Delivery

  1. Law
  2. Georgia Code
  3. Equity
  4. Grounds for Equitable Relief
  5. Nonperformance of Contract
  6. Specific Personalty; Damages or Delivery

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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.

(Orig. Code 1863, § 3120; Code 1868, § 3132; Code 1873, § 3188; Code 1882, § 3188; Civil Code 1895, § 4038; Civil Code 1910, § 4635; Code 1933, § 37-803.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 17A Am. Jur. 2d, Contracts, § 11 et seq.

ALR.

- A provision in land contract for pecuniary forfeiture or penalty by a party is default as affecting the right of the other party to specific performance, 32 A.L.R. 584; 98 A.L.R. 877.

Specific performance of contract for sale of corporate stock, 130 A.L.R. 920.

Specific performance, or injunction against breach, of contract for sale of tangible personal property, 152 A.L.R. 4.

CHAPTER 3 EQUITABLE REMEDIES AND PROCEEDINGS GENERALLY Article 1 General Provisions.
  • 23-3-1. Legal and equitable rights given effect; legal and equitable remedies applied.
  • 23-3-2. How equitable relief claimed.
  • 23-3-3. Ancillary extraordinary remedies.
  • 23-3-4. Extraordinary remedies for defendant.
Article 2 Ne Exeat.
  • 23-3-20. Nature of ne exeat; when granted.
  • 23-3-21. Showing required.
  • 23-3-22. Verification necessary; bond and additional verification at judge's discretion.
  • 23-3-23. Defendant's bond; responsibility of officer taking insufficient security.
  • 23-3-24. Disposition of property.
  • 23-3-25. Issuance of writ without judge's sanction.
Article 3 Quia Timet. Part 1 CONVENTIONAL QUIA TIMET.
  • 23-3-40. Purpose of quia timet.
  • 23-3-41. When relief granted; costs.
  • 23-3-42. Cloud on title; what constitutes; when removable.
  • 23-3-43. Special master.
  • 23-3-44. Redemption and notice.
Part 2 QUIA TIMET AGAINST ALL THE WORLD. 23-3-60. Purpose of part.
  • 23-3-61. Who may bring proceeding.
  • 23-3-62. Venue; contents, verification and filing of petition; filing in lis pendens docket.
  • 23-3-63. Submission to special master.
  • 23-3-64. Other required evidence.
  • 23-3-65. Notice; process; service by publication; filing of adverse pleading; appointment of disinterested representative.
  • 23-3-66. Jurisdiction of special master; trial by jury.
  • 23-3-67. Decree; effect of recordation.
  • 23-3-68. Compensation of master and representative; taxing as part of costs.
  • 23-3-69. Intervention after entering of decree.
  • 23-3-70. Joinder.
  • 23-3-71. Liberal construction.
  • 23-3-72. Remedy cumulative.
  • 23-3-73. Enforcement of article.
Article 4 Equitable Interpleader.
  • 23-3-90. Interpleader; when compelled; taxing of costs, attorney's fees.
  • 23-3-91. Verification of petition.
  • 23-3-92. Collateral interpleader.
Article 5 Bills of Peace.
  • 23-3-110. Bill of peace; when entertained; ancillary injunction.
Article 6 Taxpayer Protection Against False Claims.
  • 23-3-120. Definitions.
  • 23-3-121. Submission of false information; liability; no application to taxation.
  • 23-3-122. Investigations by Attorney General; civil actions authorized; intervention by government; limitation on participating in litigation; stay of discovery; alternative remedies; division of recovery; limitations.
  • 23-3-123. Statute of limitations; service of subpoena; limitation on disclosures; intervention; preponderance of the evidence standard; effect of criminal conviction on civil actions.
  • 23-3-124. Venue.
  • 23-3-125. Civil investigative demands.
  • 23-3-126. Remedies nonexclusive; construction of provisions.
  • 23-3-127. Proceedings involving Medicaid.

ARTICLE 1 GENERAL PROVISIONS

JUDICIAL DECISIONS

Purpose of this article is to vest in the superior court authority under the Uniform Procedure Act (now codified in this article and §§ 23-4-2 and23-4-3) to settle in one suit a controversy between parties. Clay v. Smith, 207 Ga. 610, 63 S.E.2d 602 (1951).


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