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2018 Georgia Code 44-5-11 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-5-11 Case Law from Google Scholar Amendments to OCGA 44-5-11

TITLE 44 PROPERTY

Section 5. Acquisition and Loss of Property, 44-5-1 through 44-5-230.

ARTICLE 1 GRANTS FROM STATE

44-5-11. Grounds for setting aside grants.

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.)

JUDICIAL DECISIONS

Writ of scire facias can only be resorted to by state, not private citizen.

- Without legislation, the courts could not acquire jurisdiction by process of scire facias over disputed questions relative to grants. This difficulty was met by the adoption of this statute, and now there can be no doubt that the state can, in the state's own name and in the state's own right, resort to the writ of scire facias in order to effect a repeal of a grant improvidently issued. It is equally true, however, that there is an entire absence of legislation conferring upon a private citizen the right to institute such a proceeding in the citizen's own name under any circumstances. Calhoun v. Cawley, 104 Ga. 335, 30 S.E. 773 (1898) (see O.C.G.A. § 44-5-11).

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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