2020 Georgia Code
Title 23 - Equity
Chapter 1 - General Provisions
§ 23-1-23. Construction of Conditions; Relief Against Forfeitures

Where the rules of construction will allow, equity seeks always to construe conditions subsequent into covenants and to relieve against forfeitures.

(Orig. Code 1863, § 3048; Code 1868, § 3060; Code 1873, § 3115; Code 1882, § 3115; Civil Code 1895, § 3971; Civil Code 1910, § 4568; Code 1933, § 37-216.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Equity, §§ 74 et seq.

- 30 C.J.S., Equity, § 56 et seq.

- Distinction between condition and covenant in grant of land for church purposes, 7 A.L.R. 1429.

Relief of purchaser against forfeiture of land contract, 40 A.L.R. 182.

Constitutionality of statute relieving against forfeiture of bail or recognizance, 43 A.L.R. 1233.

Continued use of property for burial purposes as a condition subsequent of a conveyance of dedication of land for that purpose, 47 A.L.R. 1174.

Covenant in mining lease to develop property as affected by provisions for delay rental, 67 A.L.R. 221.

Commencement of development within fixed term as extending term of oil and gas lease, 67 A.L.R. 526.

Validity and effect of covenant by lessee, as regards his activities after expiration of lease, 122 A.L.R. 1031.

Execution of new lease as within contemplation of option for extension or renewal of lease, 172 A.L.R. 1205.

Mistake, accident, inadvertence, etc., as ground for relief from termination or forfeiture of oil or gas lease for failure to complete well, commence drilling, or pay rental, strictly on time, 5 A.L.R.2d 993.

Relief against forfeiture of lease for nonpayment of rent, 31 A.L.R.2d 321.

Waiver of, or estoppel to assert, condition subsequent or its breach, 39 A.L.R.2d 1116.

Enforcement of, or waiver of or estoppel to assert, forfeiture clause of lease made or held by cotenants as lessors, 50 A.L.R.2d 1365.