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2020 Georgia Code
Title 44 - Property
Chapter 5 - Acquisition and Loss of Property
Article 7 - Prescription
§ 44-5-162. Effect of Fraud on Prescription
Universal Citation: GA Code § 44-5-162 (2020)
- In order for fraud to prevent the possession of property from being the foundation of prescription, such fraud must be actual or positive and not merely constructive or legal.
- When actual or positive fraud prevents or deters another party from acting, prescription shall not run until such fraud is discovered.
(Civil Code 1895, § 3597; Civil Code 1910, § 4177; Code 1933, § 85-414.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Adverse Possession, §§ 13 et seq., 111 et seq., 118, 130, 136, 143, 144, 264, 301.
C.J.S.- 2 C.J.S., Adverse Possession, §§ 208, 263.
ALR.- What constitutes sufficient repudiation of express trust by trustee to cause statute of limitations to run, 54 A.L.R.2d 13.
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