Safford v. Tibbetts

Citations

• 104 Kan. 224
• 178 P. 618
• 1919 Kan. LEXIS 230

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Findings op Fact — Supported by Evidence — Conclusive on Appeal. The rule that findings of fact supported by evidence are conclusive in the supreme court applies in all actions, whether legal or equitable.</p> <p>2. Corporation — Owner of All Its Stock — Adverse Possession of Real Property. An officer of a corporation, who owns all of its stock, can hold possession of the real property standing in the name of the corporation, adverse to those who were formerly stockholders therein but have ceased to be such.</p> <p>3. Same — Sheriff’s Sale of Capital Stock — Collateral Attack. In August, 1890, the sheriff of Butler county, under an order of sale issued out of the district court of that county, sold thirty shares of the capital stock of the Augusta Stone Company, a corporation. Held, that the sale transferred the Ownership of the stock, and that the original owner, against whom the order of sale was issued, cannot collaterally question that transfer.</p> <p>4. Same — Ownership of Capital Stock — Evidence. There was ample evidence to support the finding of the court that the plaintiff owned all the capital stock of the Augusta Stone Company.</p> <p>5. Same — Ownership of Capital Stock — May Not be Questioned by Strangers. Strangers to a corporation, those who are not stockholders, creditors, nor otherwise interested therein, cannot question the manner in which one who owns all the corporate stock acquires title to the corporate property.</p> <p>6. Same — Trial—No Prejudicial Error. No substantial right of any of the parties complaining was prejudicially affected by any ruling or order concerning evidence.</p>