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50.220 Prescription; Fraud to Prevent Prescription
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Description
50.220 Prescription; Fraud to Prevent Prescription 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. When actual or positive fraud prevents or deters another party from acting, prescription shall not continue until such fraud is discovered. O.C.G.A. §44-5-162 The actual or positive fraud referred to is actual moral fraud, a wrongful act, and not an act that the law designates as fraud regardless of good faith. Connell v. Culpepper, 111 Ga. 805 (1900) Ware v. Barlow, 81 Ga. 1 (1887) In a suit for land in which the defendant relies upon title by prescription in order to defeat such defense on the ground of fraud, it must appear that the fraud of the alleged prescriber was such as would originally affect the conscience and thus amount to actual moral wrong. Kelley v. Tucker, 175 Ga. 796(1) (1932) Barfield v. Vickers, 200 Ga. 279, 281 (1946)
