2022 Georgia Code
Title 23 - Equity
Chapter 3 - Equitable Remedies and Proceedings Generally
Article 3 - Quia Timet
Part 2 - Quia Timet Against All the World
§ 23-3-66. Jurisdiction of Special Master; Trial by Jury

Universal Citation: GA Code § 23-3-66 (2022)

Upon reasonable notice to the parties, after proof of serving notice as required by this article has been filed and after the appointment of the disinterested person as representative where required, the special master shall have complete jurisdiction within the scope of the pleadings to ascertain and determine the validity, nature, or extent of petitioner’s title and all other interests in the land, or any part thereof, which may be adverse to the title claimed by the petitioner, or to remove any particular cloud or clouds upon the title to the land and to make a report of his findings to the judge of the court; provided, however, any party to this proceeding may demand a trial by a jury of any question of fact; provided, further, that the master on his own initiative may require a trial by a jury of any question of fact.

History. Ga. L. 1966, p. 443, § 6.

Law reviews.

For article surveying development of equity and the right to trial by jury in equity actions in Georgia, and advocating use of jury to try issues of fact in equitable actions, see 8 Mercer L. Rev. 225 (1957).

For survey article on real property law, see 60 Mercer L. Rev. 345 (2008).

For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010).

For annual survey on real property, see 65 Mercer L. Rev. 233 (2013).

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