Littelle v. Creek Lumber Co.
Mississippi Supreme Court
Appeal from the circuit court of Forrest county. Hon. W. H. Cook, Judge. Ejectment by T. A. Littelle against Creek Lumber Company. From a judgment for defendant, the plaintiff appeals. The appellee sold a lot to one Steadman, who after-wards conveyed to appellant, Littelle. Appellant claiming certain tenement houses on the land, which appellee asserts were to be reserved, an action of ejectment was instituted by appellant against appellee.
Read the full summary
Appeal from the circuit court of Forrest county. Hon. W. H. Cook, Judge. Ejectment by T. A. Littelle against Creek Lumber Company. From a judgment for defendant, the plaintiff appeals. The appellee sold a lot to one Steadman, who after-wards conveyed to appellant, Littelle. Appellant claiming certain tenement houses on the land, which appellee asserts were to be reserved, an action of ejectment was instituted by appellant against appellee. On the trial, appellant offered in evidence the deed executed by appellee to Steadman; but same, not being under the corporate seal of the appellee, a…
1Opinion of the Court
Whitfield, C.
The question upon which the decision of this case pivots is whether a deed to land, made by a private corporation without affixing its corporate seal thereto, is valid in an action of ejectment at law. It was undoubtedly the rule at common law that a private corporation could not convey its real estate, except under its corporate seal. In Perry v. Price, 1 Mo. 664, 14 Am. Dec. 316, the court said: “Those things do not exist in this case, nor does the approbation of seven directors afterwards, ratifying, the execution of the writing, as they call it, make the matter any better.…
Also in this document: Per curiam.
2Cases cited8 opinions
- Alexander v. PolkMississippi Supreme Court · 1861
- Heard v. BairdMississippi Supreme Court · 1866
- Lockhart v. CamfieldMississippi Supreme Court · 1873
- Perry v. PriceSupreme Court of Missouri · 1826
- Torrance v. BetsyMississippi Supreme Court · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Griffis v. Martin Oil Co.Mississippi Supreme Court · 1921
- West v. Union Naval Stores Co.Mississippi Supreme Court · 1917