Gilbert v. Hole
South Dakota Supreme Court
Action to quiet title in the plaintiff to certain lands, and to set aside certain conveyances of said lands under which the defendant claimed. Defendant demurred to the complaint which demurrer was sustained. Plaintiff appeals. ' The facts are fully stated in the opinion. No corporation, either domestic or foreign, can transact in this state the business of buying and selling real estate under our state constitution. Art. 17, §§ 6, 7, Const. South Dakota; § 567, Civ.
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Action to quiet title in the plaintiff to certain lands, and to set aside certain conveyances of said lands under which the defendant claimed. Defendant demurred to the complaint which demurrer was sustained. Plaintiff appeals. ' The facts are fully stated in the opinion. No corporation, either domestic or foreign, can transact in this state the business of buying and selling real estate under our state constitution. Art. 17, §§ 6, 7, Const. South Dakota; § 567, Civ. Code; Cooley’s Const. Lim., pp 46, 47, 209, 210. To say that a corporation whose sole business is traffic in real estate holds…
1Opinion of the CourtKellam, P. J.
Plaintiff’s complaint states the following facts as constituting his cause of action: (1) That the Middle-sex Banking Company is a corporation organized under the laws of the State of Connecticut, and that its general business is loaning money, and taking as security therefor mortgages upon real estate in South Dakota and' other states and territories. (2) That the Union Investment Company is a corporation organized under the laws of the State of Minnesota, and that its general business, as set forth in its articles of incorporation, is to buy, hold, improve, lease, sell, and deal in lands,…
2Cases cited4 opinions
- Cowell v. Springs Co.Supreme Court of the United States · 1879
- Natoma Water & Mining Co. v. ClarkinCalifornia Supreme Court · 1860
- Barnes v. SuddardIllinois Supreme Court · 1886
- Hayward v. DavidsonIndiana Supreme Court · 1872
3Cited by7 opinions
- Texas Co. v. State ex rel. CoryellSupreme Court of Oklahoma · 1947
- Farrington v. PutnamSupreme Judicial Court of Maine · 1897
- Texarkana & Fort Smith Railway Co. v. Texas & New Orleans Railway Co.Court of Appeals of Texas · 1902
- McCaleb v. ShantzSupreme Court of Missouri · 1958
- Jordheim v. BottumSouth Dakota Supreme Court · 1957
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