Ryan v. . Martin
Supreme Court of North Carolina
EjectmeNT, tried at July Special Term, 1884, of Guilford Superior Court, before Graves, J. The plaintiff bought the land in dispute at a sheriff’s sale under a judgment and execution (obtained in a suit begun by attachment under the law as it existed prior to the C. C. P.) against the Deep River aiming company; and with a view to conclude the defendant from denying the title of said company, and to obviate the necessity of showing title out of the state the plaintiff put in…
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EjectmeNT, tried at July Special Term, 1884, of Guilford Superior Court, before Graves, J. The plaintiff bought the land in dispute at a sheriff’s sale under a judgment and execution (obtained in a suit begun by attachment under the law as it existed prior to the C. C. P.) against the Deep River aiming company; and with a view to conclude the defendant from denying the title of said company, and to obviate the necessity of showing title out of the state the plaintiff put in evidence the transcript of the record of a suit in Rowan superior court, of B. T. Martin (defendant in this case)…
1Opinion of the CourtMerrimon, J.
The defendant contended, that it did not appear by any proper evidence that the Deep River mining company had any corporate organization or capacity to hold and have title to land, or other property, and therefore, the deeds put in evidence on the trial were void.
It is true, that it must appear that there was a corporate existence either dejure, or defacto, at least. And if the corporation itself were suing, it would be necessary for it to prove its charter and an organization in accordance therewith, if these were properly put in issue. But if a person entered into a contractjjwith a body…
2Cases cited2 opinions
- Jones v. Cincinnati Type Foundry Co.Indiana Supreme Court · 1860
- Stanly v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
3Cited by19 opinions
- Keith v. . ScalesSupreme Court of North Carolina · 1899
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Asheville Division No. 15 v. . AstonSupreme Court of North Carolina · 1885
- Stewart v. CarySupreme Court of North Carolina · 1941
- Fisher v. Insurance Co.Supreme Court of North Carolina · 1904
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