Southern Realty Co. v. Tchula Cooperative Stores
Mississippi Supreme Court
Appeal from the chancery court of Holmes county. Hon. J. F. McCool, Chancellor. Suit by Tchula Co-operative Stores against the Southern Realty Company. From a decree overruling a demurrer to the bill, defendant appeals.
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Appeal from the chancery court of Holmes county. Hon. J. F. McCool, Chancellor. Suit by Tchula Co-operative Stores against the Southern Realty Company. From a decree overruling a demurrer to the bill, defendant appeals. The appellee is a corporation organized and existing under and by virtue of a charter granted to it by the state of Mississippi, on the 3rd day of November, 1888. By the express provisions of its charter, it had the right granted to it of perpetual succession, and was expressly empowered to have, hold, purchase, acquire, and enjoy real and personal estate in fee simple, or…
1Opinion of the CourtSmith, C. J.
Two questions are presented to us by this record: (1) Has chapter 162, Laws 1912, amended appellee’s charter so as to make it unlawful for it to acquire the land here in controversy? (2) Can this question be raised by appellant?
Taking these questions up in their inverse order, we will say: First, the rule that the power of a corporation to own land at all, or in excess of the land prescribed by its charter, cannot be questioned collaterally, but only in a direct proceeding instituted by the state for that purpose, has no application “where the corporation is seeking the aid of a court of…
2Cases cited1 opinion
- Case v. KellySupreme Court of the United States · 1890
3Cited by6 opinions
- Southern Bell Telephone & Telegraph Co. v. City of MeridianMississippi Supreme Court · 1961
- Whitworth v. Mississippi State Highway CommissionMississippi Supreme Court · 1948
- Middleton v. Georgetown Mercantile Co.Mississippi Supreme Court · 1918
- West Bros. v. Illinois Cent. RR Co.Mississippi Supreme Court · 1954
- Wall v. DarbyMississippi Supreme Court · 1923
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