Action for breach of warranty — Burden of proof
of Code section. — This Code section is derived from the decisions in Leary v
In actions for breach of warranty of title, the burden of proof is on the plaintiff except in cases where outstanding encumbrances have been paid off or possession has been yielded as a consequence of legal proceedings of which the warrantor had notice and an opportunity to defend. (Civil Code
1895, § 3617; Civil Code 1910, § 4197; Code 1933, § 29-306.)
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.