Saunders v. Farmer
Supreme Court of New Hampshire
Writ oe Entry. Facts found by a referee. The land in controversy is a lot of five acres in Manchester, bounded on the east by Merrimack river, and on the south by Black brook. It formerly belonged to the defendant’s father, Daniel Farmer, Sen.-, who sold it, in 1847, to Fisk & Norcross, whose title has come to the plaintiff through the Merrimack Lumber Company.
Read the full summary
Writ oe Entry. Facts found by a referee. The land in controversy is a lot of five acres in Manchester, bounded on the east by Merrimack river, and on the south by Black brook. It formerly belonged to the defendant’s father, Daniel Farmer, Sen.-, who sold it, in 1847, to Fisk & Norcross, whose title has come to the plaintiff through the Merrimack Lumber Company. The defendant bought the lot at a tax sale in 1859. Fisk & Norcross, and the successive holders of their title, used the lot, a few weeks in each year, in their business of driving logs down the Merrimack. By an arrangement between…
1Opinion of the CourtDob, C. J.
The Merrimack Lumber Company was a de facto corporation, organized under a general law of Massachusetts. The-defendant objects that the organization was not legal, (1) because the articles of association were not warranted by law, being in part for purposes not named in the statute; (2) because the certificate filed with the secretary of state did not conform to the articles. This case is not an exception to the rule that the legality of the organization and existence of a corporation de facto, and its power to hold and convey real estate, cannot be collaterally and inequitably drawn in…
2Cases cited2 opinions
- Atchison, Topeka & Santa Fé Railroad v. WilsonSupreme Court of Kansas · 1885
- Dorris v. . SweeneyNew York Court of Appeals · 1875
3Cited by2 opinions
- Kenneth v. CompanySupreme Court of New Hampshire · 1895
- Robbins v. Ducey A.Supreme Court of New Hampshire · 1942