Select Cases And Other Authorities On the Law of Private Corporations
Select Cases And Other Authorities On the Law of Private Corporations
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FROISLIE. 647 This rule is not founded upon any principle of estoppel, as is some- times assumed, but upon the broader principles of common justice and public policy. It would be unjust and intolerable if, under such circumstances, every interloper and intruder were allowed thus to take advantage of every informality or irregularity of organization. Judgment affirmed. Note. — There is authority that if a conveyance purports to run to a corporation, and there is no corporation de jure, the deed ...is void, and the grantor may successfully assert title to the land or chattels against the associates. Harriman v. Southam, 16 Ind. 190 (overruled in Snyder v. Stuaehaker, 19 Ind. 462) ; Whiting v. Barton, 204 Mass, 169; Douthitt v. Stinson, 63 Mo. 268 (distinguished in Reinhard v. Virginia Co. , 107 Mo. 616, and White Oak Society v. Murray, 145 Mo. 622); White v. Campbell, 5 Humph. (Tenn. ) 38; Russell v. Topping, 5 McLean (U. S. ) 194, 202 (but this cannot stand after Smith V. Sheeley, 12 Wall.
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