Coleman v. San Rafael Turnpike. Rd. Co.

Citations

• 49 Cal. 517

Syllabus

<p>Possession Subttoibnt on which to Sue to Quiet Title.—If one who has a paper title to a tract of salt marsh tide land, which is not susceptible of occupation, except during three months in the year, and in which there is a dry knoll, has actual possession of the knoll, and there is no ad. verse possession to the remainder, he may resort to his title deeds to extend his possession to the remainder of the tract, so as to enable hiin to sue in equity to quiet the title.</p> <p>Idem.—One who is in actual possession of a small piece of dry land in a tract of salt marsh tide land, which is not susceptible of actual occupation, except for grazing during two or three months of the year, and who uses and controls the marsh land by himself and tenants, so far as the same is capable of use and control, may sue to quiet the title to the same, if there is no adverse possession, or his tenant may sue when the premises are thus held by him.</p> <p>When Cobpoeation is Cestui Que Tbust.—A bond given by the owner of land to a person, conditioned to convey the land to him in trust for the stockholders of a corporation and their successors in interest, in proportion to the amount of stock held by each, with power to the trustee to sell under the direction of the Board of Trustees of the corporation, makes the corporation the real cestui que trust, and, in equity, it will be so regarded.</p> <p>Power of Cobpoeation to Hoed Beau Estate.—Corporations for the construction of turnpike roads can hold only such real estate as the purposes of the corporation mayrequire.</p> <p>Idem.—Land which a corporation cannot hold in its own name, it cannot hold in the name of another, and when a corporation cannot hold the legal title to land, it cannot take a beneficial interest in it.</p> <p>Bond to Convey Land to Cobpoeation.—A bond to convey to a corporation land which the purposes of the corporation do not require, is void.</p>