Grounds for Setting Aside Grants

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Upon a writ of scire facias, grants issued by the state may be set aside by the superior court of the county where the land is located on the ground:

  1. That they were obtained by fraud or willful misrepresentations to the officers of the state by the grantee or those in privity with him;
  2. Of collusion between the grantee and the officers of the state; or
  3. Of fraud, accident, or mistake by the officers of the state, which fraud, accident, or mistake was known to the grantee.

(Orig. Code 1863, § 2332; Code 1868, § 2329; Code 1873, § 2360; Code 1882, § 2360; Civil Code 1895, § 3219; Civil Code 1910, § 3807; Code 1933, § 85-310.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63A Am. Jur. 2d, Public Lands, §§ 5 et seq., 98, 105, 120 et seq., 124. 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 66, 67.

C.J.S.

- 73B C.J.S., Public Lands, §§ 268 et seq., 279, 282 et seq.


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