Elston v. Piggott
Indiana Supreme Court
From the Montgomery Circuit Court.
1Opinion of the CourtElliott, J.
The first question which we are required to decide is this: Is a decree and sale obtained by a trustee of a foreign corporation, whose agent has not filed a power of attorney as required by the act of June 17th, 1852, so destitute of force as to pass no title to the trustee who becomes a purchaser at the foreclosure sale? We think this question is not a difficult one. The failure of the agent of the corporation to file the power of attorney required by the statute was a matter to be pleaded in abatement in the suit in which the decree was rendered. Walter A. Wood, etc., Co. v. Caldwell, 54…
2Cases cited53 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Bank of the United States v. DeveauxSupreme Court of the United States · 1809
- Louisville, Cincinnati, & Charleston Rail-Road v. LetsonSupreme Court of the United States · 1844
- Marshall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1854
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3Cited by38 opinions
- Cecil v. ClarkWest Virginia Supreme Court · 1898
- Ryason v. DuntenIndiana Supreme Court · 1905
- Robertson v. Van CleaveIndiana Supreme Court · 1891
- Finley v. CathcartIndiana Supreme Court · 1897
- Phenix Insurance v. Pennsylvania RailroadIndiana Supreme Court · 1893
33 more not listed; retrieve them via the Exa API.