St. Philip's Church v. Zion Presbyterian Church

Citations

• 23 S.C. 297
• 1885 S.C. LEXIS 106

Syllabus

<p>1. An action (1) fox the x-ocovei'y of a lot of land, or, failing in this, (2) for an order limiting the use of such lot, involved in its first phase an issue of title to real estate, which could be tiled only by a jury, a jury trial not having been waived.</p> <p>2. It seems that upon the dissolution of a corporation (other than a moneyed, tx-ading, or municipal coi'poration) by expiration of charter, all of its property not validly alienated before dissolution reverts to the grantors.</p> <p>3. Where a corporation, having no adopted seal, directed a conveyance to be made of a lot of land, and a deed was accordingly executed professing to be under the seal of the corporation, attested by the signature of its president, and was signed by such president, and a wafer was attached, which was intended to be the seal of the corporation. Held, that the wafer was the corporate seal to this deed.</p> <p>4. The charter of a church, under act of the legislature, being about to expire, a petition was filed with the clerk for renewal, which petition, without fault óf the petitionei-s, was not granted until two years after-wards. Meantime the legislative charter had expired. Held, that the clerk’s charter was a renewal of the original charter, and related back to the filing of the petition, and prevented the property of the corporation from reverting to the gx’antoi’s.</p> <p>5. A lease for 99 years, perpetually renewable, having been made,' with certain conditions attached, and subsequently a deed of conveyance of the same land executed between the same parties, for valuable consideration, reciting the lease, but without conditions. Held, that the lease was merged in the conveyance, and that the grantees held the property freed of the conditions in the lease.</p>