Common'h v. New York Etc. R.

Citations

• 139 Pa. 457

Syllabus

<p>1. The fact that a foreign railroad company, having no license to hold lands in Pennsylvania, is the owner of the entire capital stock of a mining company, incorporated in this state and authorized to hold lands, does not render liable to escheat lands held by the mining company to which the railroad company has neither legal nor equitable title.</p> <p>2. Such a holding of stock, being-authorized by law, cannot constitute a “ device ” within the meaning of § 5, act of April 26, 1855, P. L. 329, prohibiting the holding of lands by certain corporations in violation of the provisions of said act: Commonwealth v. Railroad Co., 114 Pa. 340, reversed; Commonwealth v. Railroad Co., 132 Pa. 591, re-affirmed and applied.</p>