Other Equitable Remedies

Question 1

Writ of Ne Exeat

(“that he not depart”)

Answer 1

Restraints people from leaving Georgia, examples:

1. An obligor, promisor, or partner can restrain his counterpart if partly responsible with him for any duty to be performed;
2. A person with an interest in a decedent’s or a minor’s property can restrain illegal removal of that property out of the state;
3. A remainderman or reversioner can restrain the removal of the property;
4. A mortgagee may restrain a person holding the equity of redemption; and
5. Any person interested legally or equitably in property may restrain a person about to remove that property but only if there is no adequate remedy at law

Question 2

Writ of Quia Timet

(“because he fears”)

Answer 2

Quiet Title action to protect land interest, two types:

Conventional/Statutory: cancels invalid instrument that has cloud over title or subjects them to future liability or present annoyance

Quia Timet against the world: permits one claiming estate in land (or years w/ 5 years left) to sue to establish title to the property

Question 3

Declaratory Judgement

Answer 3

GA Superior Court has SMJ to grant declaratory judgments.

There must be an ACTUAL CONTROVERSY as to legal right or status that can be resolved by the judgment.

Question 4

Trover

Answer 4

Used to obtain return of personal property.

Doesnt matter if wrongfully taken, just that it was wrongfully retained.

Can be used w/ or w/out damages

Question 5

Ejectment (def. and elements)

Answer 5

P seeks to eject D who wrongfully possesses land.

Must show:
(1): title to land; and
(2): immediate right to possession

Question 6

Ejectment Damages

Answer 6

Value of the use of land (rental value)

Profits made from D’s use (rents collected); and

Damages for any harmed by D to the land

D can deduct value of any improvements.

Question 7

Writ of Mandamus

Answer 7

can compel a public officer to perform a ministerial (non-discretionary) act that the officer has a CLEAR DUTY to perform and over which the officer has no DISCRETION or has grossly abused her discretion

Question 8

Writ of Prohibtion

Answer 8

Restrains sub courts and tribunals from exceeding their juris.

Used when other legal remedy/relief not avail

Question 9

Election of Remedies

Answer 9

Can plead any remedy but once they elect one they cant pursue a remedy that is inconsistent

Question 10

Writ of Quo Warranto

Answer 10

Challenges right of person to perform duties of a public office (EXCEPT GOVERNOR).

P must claim they have an interest re: to the office challenged.