Where a corporation is incompetent by its charter to take a title to real estate, a conveyance to it is not void, but only voidable, and the sovereign alone can object. It is valid until assailed in a direct proceeding instituted for that purpose. Congressional Serial Set - Page lxix1881Full view - About this book
| New Jersey. Court of Chancery - 1880 - 942 pages
...mortgage assigned to a national bank as security for a loan of money to the holder. The conclusion was, that where a corporation is incompetent, by its charter,...voidable, and the sovereign alone can object. It is valid until assailed in a direct proceeding instituted for that purpose. The court cites, with approval,... | |
| 1881 - 572 pages
...company to hold and convey laud. In National Bank v. Matthews, 8 Otto, 621, it is said that even " where a corporation is incompetent by its charter...conveyance to it is not void, but only voidable, and tho sovereign only can object. It is valid until assailed iu a direct proceeding instituted for that... | |
| 1881 - 572 pages
...company to hold and convey laud. In National Bank v. Matthews, 8 Otto, (¡21, it is said that even " where a corporation is incompetent by its charter...conveyance to it is not void, but only voidable, and tho sovereign only can object. It is valid until assailed in a direct proceeding instituted for that... | |
| 1885 - 544 pages
...but if there was any force in this objection to the title, it could not be raised by the debtor, for where a corporation is incompetent by its charter...a conveyance to it is not void, but only voidable. The sovereign alone can object. It is valid until assailed in a direct proceeding instituted for that... | |
| Ohio. Supreme Court - 1881 - 802 pages
...622, and the cases therein cited, do not support such proposition. The principle of those cases is, that where a corporation is incompetent by its charter to take a title to real estate, a conveyanoe to it is not void? but voidable only, and that the sovereign alone can object. That the... | |
| United States. Supreme Court - 1879 - 696 pages
...should pay the amount of the loan with interest. Mott v. The United States Trust Co., 19 Barb. (NY) 568. Where a corporation is incompetent by its charter...voidable, and the sovereign alone can object. It is valid until assailed in a direct proceeding instituted for that purpose. Leazure v. Hillegas, 7 Serg. & R.... | |
| 1879 - 552 pages
...adjudged that he should pay the amount of the loan with interest. Mott v. U. 8- Trust Co., 19 Barb. 668. Where a corporation is incompetent by its charter to take a title to real estate, a conveyance to i is not void, but only voidable, and the sovereign alone can object. It is valid until assailed in... | |
| John Hoff Stewart - 1880 - 944 pages
...mortgage assigned to a national bank as security for a loan of money to the holder. The conclusion was, that where a corporation is incompetent, by its charter,...voidable, and the sovereign alone can object. It is valid until assailed in a direct proceeding instituted for that purpose. The court cites, with approval,... | |
| Irving Browne - 1880 - 638 pages
...mortgage, assigned to a National bank as security for a loan of money to the holder. The conclusion was, that where a corporation is incompetent by its charter...voidable, and the sovereign alone can object. It is valid until assailed in a direct proceeding instituted for that pin-pose. The court cites, with approval,... | |
| United States. Congress. House - 1292 pages
...ll'ull. , p, 32. ) II. In L'niun Xalional Utink rt ill. vs. Mallmr«, 98 Г. S.,p. 6£8, the court recognized the doctrine that, " where a corporation...can object. It is valid unless assailed in a direct proceed ing instituted for that purpose." [Хотк. — Thus it would seem that a mortgage executed... | |
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