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2021 Georgia Code
Title 23 - Equity
Chapter 1 - General Provisions
§ 23-1-17. Scope of Notice; Ignorance Due to Negligence

Universal Citation:
GA Code § 23-1-17 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

Notice sufficient to excite attention and put a party on inquiry shall be notice of everything to which it is afterwards found that such inquiry might have led. Ignorance of a fact due to negligence shall be equivalent to knowledge in fixing the rights of parties.

(Civil Code 1895, § 3933; Civil Code 1910, § 4530; Code 1933, § 37-116.)

Law reviews.

- For article, "A Comprehensive Analysis of Georgia RICO," see 9 Ga. St. U.L. Rev. 537 (1993). For article, "Noticing the Bankruptcy Sale: The Purchased Property May Not Be as 'Free and Clear of All Liens, Claims and Encumberances' as You Think," see 15 (No. 5) Ga. St. B.J. 12 (2010). For article, "Eleventh Circuit Survey: January 1, 2013 - December 31, 2013: Casenote: The Decline and Fall of Constructive Notice," see 65 Mercer L. Rev. 1203 (2014).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Scope of Notice
  • Negligence

RESEARCH REFERENCES

Am. Jur. 2d.

- 27 Am. Jur. 2d, Equity, §§ 145, 167.

C.J.S.

- 37 C.J.S., Fraud, § 28 et seq.

ALR.

- Possession of land by cotenant after acquisition of interest of another cotenant as notice to subsequent purchaser from or creditor of latter, 162 A.L.R. 209.

What constitutes notice to subsequent purchaser of real property of option to purchase contained in unrecorded lease, 17 A.L.R.2d 331.

Right to reformation of contract or instrument as affected by intervening rights of third persons, 79 A.L.R.2d 1180.

Right of vendee under executory land contract to lien for amount paid on purchase price as against subsequent creditors of or purchasers from vendor, 82 A.L.R.3d 1040.

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