An action of quo warranto may be instituted in the manner contemplated in sections 25-21,121 to 25-21,148, for the purpose of annulling or vacating any letters patent granted by the proper authorities of this state, where there is reason to believe that the same were obtained by fraud, or through mistake or ignorance of a material fact, or when the patentee, or those claiming under him, have done or omitted an act in violation of the terms and conditions on which the letters were granted, or have by any other means forfeited the interest acquired under the same.
§ 25-21,145.Quo warranto; letters patent; annulment; grounds.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section authorizes a quo warranto action to annul or vacate state-granted letters patent obtained through fraud or a material mistake, or where the patentee violated the terms on which the patent issued or otherwise forfeited the interest it granted.
Full Text of § 25-21,145
Source
R.S.1867, Code § 728, p. 519; R.S.1913, § 8352; C.S.1922, § 9304; C.S.1929, § 20-21,136; R.S.1943, § 25-21,145.
Plain-English Summary
Section 25-21,145 extends quo warranto beyond offices, franchises, and corporate charters to letters patent — grants of interest issued by the proper authorities of this state. An action may be instituted, in the manner contemplated in Sections 25-21,121 to 25-21,148, for the purpose of annulling or vacating letters patent under a defined set of circumstances.
Those circumstances fall into a few categories. The letters may have been obtained by fraud, or through mistake or ignorance of a material fact. Or the patentee, or someone claiming under the patentee, may have done or failed to do something that violates the terms and conditions on which the letters were granted. The section also reaches any other means by which the patentee has forfeited the interest acquired under the grant, giving quo warranto a role in policing state land or interest grants long after they issue, not only at the moment of the original controversy.
Frequently Asked Questions
What can quo warranto be used to challenge under this section?
Letters patent granted by the proper authorities of this state — for example, on the ground the grant was obtained by fraud or through mistake or ignorance of a material fact.
Does fraud have to be involved to annul letters patent under this section?
No. Fraud is one ground; mistake or ignorance of a material fact, violation of the letters’ terms and conditions, and other forms of forfeiture are separate grounds the section also covers.
Who besides the original patentee can be affected by an action under this section?
Anyone claiming under the patentee, since the section reaches acts or omissions by those claiming under him in violation of the letters’ terms and conditions.
What procedure governs an action to annul letters patent under this section?
What happens if the patentee forfeits the interest through means not specifically listed in this section?
The section includes a catch-all: any other means by which the patentee, or those claiming under him, have forfeited the interest acquired under the letters.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: annulling letters patent in nebraskavacating a state land grant for fraudquo warranto letters patent forfeiturepatentee violation of terms and conditionsgrounds to annul a patent grant