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Bøker Bok 2130 av 104Where a corporation is incompetent by its charter to take a title to real estate,...
" 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. "
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... - Side 91
av George Washington Field - 1881 - 600 sider
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 112

United States. Supreme Court - 1885
...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...estate, 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...
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The Northeastern Reporter, Volum 79

1907
...1030, and cases therein cited, do not support such proposition. The principle of those cases Is that where a corporation Is incompetent, by Its charter,...to real estate, a conveyance to It Is not void, but voidable only, and that the sovereign alone can object; that the conveyance Is valid unless assailed...
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Albany Law Journal, Volum 31

1885
...the title, It could not be raised by the debtor, for where a corporation is incompetent by its chaner to take a title to real estate, 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...
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A Treatise on the Trial of Title to Land: Including Ejectment, Trespass to ...

Arthur George Sedgwick, Frederick Scott Wait - 1886 - 884 sider
...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...a direct proceeding instituted for that purpose." 8 A patent issued by the proper officers for a certain portion of the public domain is conclusive in...
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A Treatise on the Law of Private Corporations, Volum 2

Victor Morawetz - 1886 - 1173 sider
...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...It is valid until assailed in a direct proceeding for that purpose." If property is conveyed to a corporation upon an active trust, which cannot be enforced...
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Atlantic Reporter, Volum 69

1908
...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....
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volum 43

Ohio. Supreme Court - 1886
...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...
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Volum 94

North Carolina. Supreme Court - 1886
...and the corporation transcends its power iu that respect, and for that reason is incompetent to take title to real estate, a conveyance to it is not void, but only the Sovereign, (here the State), can object. It is valid until assailed in a direct proceeding instituted...
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The Southwestern Reporter, Volum 121

1909
...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...a direct proceeding instituted for that purpose." And see Schwab Clothing Co. v. Clauncli (Tex. Civ. App.) 29 SW 9У2 ; Ray v. Foster (Tex. Civ. App.)...
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The American and English Encyclopedia of Law, Volum 4

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1888
...acquiring real estate. Under these or similar statutes, where a corporation is incompetent to take title to real estate, 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...
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