Chambliss v. Simmons

Citations

• 165 F. 419
• 91 C.C.A. 369
• 1908 U.S. App. LEXIS 4770

Syllabus

<p>1. Adverse Possession (§ 71*) — -Initiation oe Right Under Texas Statute —Deed Duly Recorded — Corporate Deed — “Deed Duly Registered.”</p> <p>Under Rev. St. Tex. 1895, art. 676, which provides that a corporate deed may be signed by the president or presiding member or trustee, and that when so signed and acknowledged it may be recorded, a deed by a foreign corporation doing business in Texas, executed over its corporate seal and signed and acknowledged by two of its directors under authority of a resolution of its' board of directors, is effective, and, when recorded, is “a deed duly registered,” and sufficient foundation for proof under the five-year statute of limitation.</p> <p>[Ed. Note. — For other cases, see Adverse Possession, Cent. Dig. § 415; Dec. Dig. § 71.*]</p> <p>2. Limitation of Actions (§ 199*) — -Absence of Defendant — Foreign Corporations.</p> <p>The question whether a foreign corporation was absent from the state of Texas so as to suspend the running of the statute of limitations in its favor under Rev. St. Tex. L895, art. 3367, where it depends upon whether agents acting for it in certain classes of matters, but not in all, were “local agents” upon whom service could have been made under Rev. St. Tex. 1895, art. 1223, is to some extent at least one of fact, and its determination by the court as one of law was error.</p> <p>I Ed. Note. — -For other cases, see Limitation of Actions, Cent. Dig. § 727; Dee. Dig. § 199.*]</p>