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
| Arthur George Sedgwick, Frederick Scott Wait - 1886 - 956 pages
...explained by an extract from the opinion of Mr. Justice Swayne, in National Bank v. Matthews,8 who said : "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." 8 A patent issued by the proper... | |
| Victor Morawetz - 1886 - 642 pages
...necessity." 1 In National Bank v. Matthews,2 Justice Swayne, delivering the opinion of the court, said : " Where a corporation is incompetent by its charter...voidable, and the sovereign alone can object. It is valid until assailed in a direct proceeding for that purpose." If property is conveyed to a corporation upon... | |
| 1908 - 1156 pages
...above quoted. We do not dissent from the view entertained by the learned Vice Chancellor to the effect that, where a corporation Is Incompetent by its charter...to real estate, a conveyance to it Is not void, but voidable, and that only the public authorities can object. Fritts v. Palmer, 132 US 282, 291, 10 Sup.... | |
| Ohio. Supreme Court - 1886 - 800 pages
...Barton, 24 Ohio St. 43 ; Darst v. Gale, supra. Where a corporation is incompetent by its charter to take title to real estate, a conveyance to it is not void,...only voidable, and the sovereign alone can object. National Bank v. Matthews, 98 US 628. In ejectment by a corporation it is not proper to decide whether... | |
| 1909 - 1320 pages
...v. Ry. Co., 68 Tex. G.-)2, 5 SW 680, quoting from Bank v. Matthews, 98 US 628, 25 L. Ed. 188, to be 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." And see Schwab Clothing Co. v.... | |
| John Torrey Morse (Jr.) - 1888 - 712 pages
...should pay the amount of the loan with interest. Mott v. 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.... | |
| United States. Supreme Court - 1889 - 810 pages
...usurious interest is contracted for, a forfeiture is prescribed and explicitly defined." Again : " 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." In National Bank v. Whitney, 103... | |
| Irving Browne - 1889 - 824 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... | |
| United States. Supreme Court - 1890 - 1182 pages
...foreign corporation before it has acquired the right to do business In the State, Is not imposed. 4. 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. 6. The question whether a corporation... | |
| Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1894 - 964 pages
...v. Matthews, 8 Otto. 621 (98 U. S), that, "where a corporation is incompetent by its charter to take title to real estate, a conveyance to it is not void,...It. is valid unless assailed in a direct proceeding. This we think is the correct ruis, and if the amended petition offered by the bank had been permitted... | |
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