§ 138. When attorney-general may maintain action. The
attorney-general may maintain an action to vacate or annul
letters-patent, granted by the people of the state, in either of the
following cases:

1. Where they were obtained by means of a fraudulent suggestion, or
concealment of a material fact, made by, or with the knowledge or
consent of, the person to whom they were issued.

2. Where they were issued in ignorance of a material fact, or through
mistake.

3. Where the patentee, or those claiming under him, have done or
admitted an act, in violation of the terms and conditions upon which the
letters-patent were granted, or have, by any other means, forfeited the
interest acquired under the same.

Whenever the attorney-general has good reason to believe that any act
or omission, specified in this section, can be proved, and that the
person to be made defendant has no sufficient legal defence, he must
commence such an action.