Donaldson v. Thousand Springs Power Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Gooding County. Hon. James • R. Bothwell, Judge. Action to subject the property of a foreign corporation to the payment of a judgment, and to set aside conveyances to such corporation for noncomplianee with sec. 10 of art. 11 of the constitution and the provisions of sec. 2792, Rev. Codes, as amended by chap. 124, p. 270, 1915 Sess. Laws. Demurrer to complaint sustained.
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APPEAL from the District Court of the Fourth Judicial District for Gooding County. Hon. James • R. Bothwell, Judge. Action to subject the property of a foreign corporation to the payment of a judgment, and to set aside conveyances to such corporation for noncomplianee with sec. 10 of art. 11 of the constitution and the provisions of sec. 2792, Rev. Codes, as amended by chap. 124, p. 270, 1915 Sess. Laws. Demurrer to complaint sustained. Sec. 2792, Rev. Codes, is mandatory, and any conveyance made to a corporation that has failed to comply with the said law is, as there declared, null and…
1Opinion
ON REHEARING.
J. B. Eldridge and E. G. Davis, for Appellant. “If there are statutes which prevent corporations from taking the legal title to lands, they cannot evade the statutes by taking the legal title to trustees and the beneficial interest to themselves; thus they cannot be cesiuis que trust in lands the legal title to which they are not licensed or enabled to take.” (Hill on Trustees, sec. 52; Lewin on Trusts, secs. 19, 36; Perry on Trusts, sec. 63; Myers Mfg. Go. v. Wetzel (Tenn. Ch.), 3.5 S. W. 896; 2 Thompson on Corporations, 2d ed., 695, sec. 1605; 1 Mechem on Agency, 2d ed., sec.…
2Cases cited35 opinions
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Fritts v. PalmerSupreme Court of the United States · 1889
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Chattanooga National Building & Loan Ass'n v. DensonSupreme Court of the United States · 1903
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