The title to all lands originates in grants from the Government and, since its independence, from the state. History. Orig. Code 1863, § 2322; Code 1868, § 2319; Code 1873, § 2350; Code 1882, § 2350; Civil Code 1895, § 3210; Civil Code 1910, § 3798; Code 1933, § 85-301.
All corrected grants shall take effect from the time of the issuance of the original grant but shall not affect the vested rights of bona fide purchasers without notice. Corrected grants shall bear upon their face a notation of the correction made and the date of the executive order under which it was made. History. […]
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: That they were obtained by fraud or willful misrepresentations to the officers of the state by the grantee or those in privity with him; Of […]
Grants may be impeached before the courts where they are: Void upon their face; Issued without authority of law or against a prohibition in a law; or 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 […]
A grantee of lands or a franchise takes nothing by implication but is confined to the terms of his grant; but every presumption is in favor of a grant. History. Orig. Code 1863, § 2334; Code 1868, § 2331; Code 1873, § 2362; Code 1882, § 2362; Civil Code 1895, § 3221; Civil Code 1910, […]
When the land is subject to entry and grant, 20 years’ possession of land under a claim of right shall authorize the courts to presume a grant. History. Orig. Code 1863, § 2335; Code 1868, § 2332; Code 1873, § 2363; Code 1882, § 2363; Civil Code 1895, § 3222; Civil Code 1910, § 3810; […]
All realty in this state is held under the state as the original owner thereof. It is free from all rent or service and is limited only by the right of eminent domain which remains in the state. History. Orig. Code 1863, § 2200; Code 1868, § 2195; Code 1873, § 2221; Code 1882, § […]
The form of grants heretofore used in this state is established, and a substantial compliance with such form shall be held sufficient. History. Orig. Code 1863, § 2323; Code 1868, § 2320; Code 1873, § 2351; Code 1882, § 2351; Civil Code 1895, § 3211; Civil Code 1910, § 3799; Code 1933, § 85-302.
The following errors in the issuing and recording of grants may be corrected: Any error in the name or residence of the grantee; or in the location, character, or boundary of the land; or in any other matter or thing connected with the application for or issuing of the grant; Any error in recording or […]
In all cases where errors in issuing or recording grants are sought to be corrected, an application shall be made in writing to the Governor showing that notice in writing of the nature and time of the application has been served upon every person who may be in any manner interested in the question. If […]
If objections are filed to the proceedings instituted pursuant to Code Section 44-5-5 and it appears that the proposed correction will interfere with the vested rights of other bona fide claimants, the Governor shall refuse to make such correction and shall leave the parties to their judicial remedies. History. Orig. Code 1863, § 2326; Code […]
If it is unclear whether the proposed correction would interfere with the vested rights of others, the Governor may cause an issue to be made and certify the same to the superior court of the county where the land is located, requiring the court to cause the issue to be tried before a jury and […]
All the papers and evidence upon every application made pursuant to Code Section 44-5-5 shall be filed and preserved in the office of the Governor. History. Orig. Code 1863, § 2329; Code 1868, § 2326; Code 1873, § 2357; Code 1882, § 2357; Civil Code 1895, § 3216; Civil Code 1910, § 3804; Code 1933, […]
If the applicant for a corrected grant is not able to produce the original grant to be canceled, the Governor may issue the corrected grant after advertising for six months, at the expense of the applicant, for any objection to be filed. History. Laws 1837, Cobb’s 1851 Digest, p. 658; Code 1863, § 2330; Code […]
