If the title to any public land sold by the state through the State Fiscal Officer or Secretary of State or by any municipality, except land forfeited to the state for the nonpayment of ad valorem taxes, shall fail, or shall have failed, the state or the municipality, as the case may be, shall refund the purchase-money to its vendee or his heirs or assigns; and if no profits have been received from the lands, then all taxes shall be returned also, and all fees paid, with interest at six percent (6%) per annum. Except as provided in this chapter, the question of failure of title can only be determined in a suit filed in the county in which the land is situated, and the Secretary of State or the municipality, as the case may be, shall be made a party to the suit. Where the failure of title shall have been caused by the cancellation of a contract or a patent issued by the state, or a deed from the municipality, under the requirements of any law or decree of a chancery court of this state, directing cancellation in favor of prior purchasers, or through the failure of the state’s title, or the title of the municipality, as the case may be, where the failure shall have been caused by the striking of the land from the state land rolls under the requirements of any law of this state, the failure of title so caused shall not be required to be determined by decree of court.
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