Impeachment of Grants; Grounds; Effect of Irregularities or Misnomer

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Grants may be impeached before the courts where they are:

  1. Void upon their face;
  2. Issued without authority of law or against a prohibition in a law; or
  3. Issued for property to which the state had no title.

    However, mere irregularities in the proceedings to obtain grants shall not be inquired into nor may a mistake in the name of the grantee be proved by parol.

(Ga. L. 1857, p. 58, § 1; Code 1863, § 2333; Code 1868, § 2330; Code 1873, § 2361; Code 1882, § 2361; Civil Code 1895, § 3220; Civil Code 1910, § 3808; Code 1933, § 85-311.)

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., 282 et seq.


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