Webb v. Moler
Ohio Supreme Court
Error to the common pleas of Montgomery. The suit below was for trespass upon land, part of the southeast quarter of section 17, township 2, range 6, lying in Dayton township.
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Error to the common pleas of Montgomery. The suit below was for trespass upon land, part of the southeast quarter of section 17, township 2, range 6, lying in Dayton township. The defendants pleaded the general issue (which was joined), with a notice, that before suit Richard Stephens was seized in fee and possessed of a part of said quarter section (describing the metes and bounds), and conveyed the same by deed to Charles Morgan, Jacob Darst, Luke T. Dorsey, G-eorge Patterson, and William. Hatfield, trustees of the Columbian school of Dayton, and their successors in office, under which said…
1Opinion of the Court
Judge Lane
delivered the opinion of the court:
No proposition is more thoroughly established, than that the franchises of a corporation can not be forfeited without a judgment either on scire facias or quo warranto. Abundant authorities are cited to this effect in the argument.
The court of common pleas seem to have considered, that although corporate franchises can not be divested without a judicial sentence, corporate property might be lost by non-user alone. No such distinction is known in law. The capacity to hold land in one franchise. The grant of land to a corporation is called, by…
2Cited by2 opinions
- Heaston v. Board of CommissionersIndiana Supreme Court · 1863
- Toledo Exposition Co. v. KerrLucas Circuit Court · 1906