An action may be brought by the Attorney General in the name of the State for the purpose of vacating or annulling the letters patent granted by the people of this State in the following cases:
(1) When he shall have reason to believe that such letters patent were obtained by means of some fraudulent suggestion or concealment of a material fact made by the person to whom such letters patent were issued or made or with his consent or knowledge;
(2) When he shall have reason to believe that such letters patent were issued through mistake or in ignorance of material fact; or
(3) When he shall have reason to believe that the patentee or those claiming under him have done or committed an act in violation of the terms and conditions on which the letters patent were granted or have by any other means forfeited the interest acquired under such letters patent.
HISTORY: 1962 Code Section 10-2257; 1952 Code Section 10-2257; 1942 Code Section 832; 1932 Code Section 832; Civ. P. '22 Section 780; Civ. P. '12 Section 467; Civ. P. '02 Section 429; 1870 (14) 524 Section 448.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 63 - Quo Warranto And Scire Facias
Section 15-63-10. Provisions of chapter are in lieu of scire facias and quo warranto.
Section 15-63-70. Action to vacate or annul letters patent.
Section 15-63-80. One action may be brought against several persons claiming office or franchise.
Section 15-63-90. Joining of relator as plaintiff.
Section 15-63-100. Security for costs.
Section 15-63-110. Complaint and arrest of defendant in action for usurping office.
Section 15-63-120. Judgment in action for usurping office.
Section 15-63-130. Assumption of office by relator, when judgment is in his favor.
Section 15-63-150. Recovery of damages from usurper.
Section 15-63-160. Judgment of exclusion from office or franchise; penalty for usurpation.
Section 15-63-170. Judgment of forfeiture against corporation.
Section 15-63-180. Costs against corporation or persons claiming to be such.
Section 15-63-190. Restraining corporation; appointment of receiver.
Section 15-63-200. Filing judgment roll against corporation or vacating letters patent.
Section 15-63-210. Entry of judgment relating to letters patent; disposition of realty.