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" 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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Kansas Reports, Volum 69

Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - 1905 - 1060 sider
...Where usurious interest is contracted for, a forfeiture is prescribed and explicitly defined.' Again: 'Where a corporation is incompetent by its charter...a direct proceeding, instituted for that purpose.' "In National Bank v. Whitney, 103 US 99, 103 [26 L. Ed. 443] , which involved the validity of a mortgage...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 96

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1898 - 776 sider
...the United States, reversing the supreme court of the state of Missouri, laid down the rule that, " where a corporation is incompetent by its charter...only voidable, and the sovereign alone can object;" that "it is valid until assailed by a direct proceeding instituted for that purpose "by the government;...
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House Documents, Otherwise Publ. as Executive Documents: 13th ..., Volum 19

United States. Congress. House - 1216 sider
...Matneics, 98 US, p. 058, the conrt recognized the doctrine that, "where »corporation is incompétent by its charter to take a title to real estate, a conveyance...voidable, and the sovereign alone can object. It is valid unless assailed in » direct proceeding instituted for that purpose." INTEREST — Continued. HI. In...
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Reports of Cases Decided in the Supreme Court of the State of South ..., Volum 2

South Dakota. Supreme Court - 1894 - 748 sider
...of litigation and judicial decision. * * * When a corporation is incompetent by its charter to take title to real estate, a conveyance to it is not void...sovereign alone can object. It is valid until assailed by direct proceeding instituted for that purpose. * * * * The impending danger of judgment of ouster...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volum 224

Illinois. Supreme Court - 1907 - 720 sider
...622, 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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Cases Argued and Decided in the Supreme Court of the United ..., Volumer 131-134

United States. Supreme Court - 1901 - 1444 sider
...such foreign corporation before It has acquired the right to do busiamta the State, IB not imposed. *. Where a corporation is incompetent by Its charter to take a title to real estate, a conveyance to it k not void, but only voidable, and the sovereign alone can object. It is valid until assailed in «...
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The Federal Reporter, Volum 32

1888 - 964 sider
...Co. v. Lewis, (Iowa,) 4 NW Rep. 842. When a corporation is incompetent by its charter to take a legal title to real estate, a conveyance to it is not void, but only voidable, and the sovereign only can object. It is valid until assailed in a direct proceeding for that purpose. Land Co. v. Bushnell,...
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Congressional Serial Set

1882 - 1324 sider
...court recognized the doctrine that, "where a corporation is incompetent by its charter to take at{|b- to real estate, a conveyance to it is not void, but only voidable, I. The want of power of a bank, or of it« trustee (receiver) in insolvency, to purchase and hold real...
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