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O.C.G.A. § 44-5-162

Effect of fraud on prescription

of Code section. — This Code section is derived from the decision in Salter v

(a) 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.

(b) 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.)

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.