State ex rel. Brown v. Scottish American Mortgage Co.

Citations

• 111 Miss. 98
• 71 So. 291

Syllabus

<p>1. Corporations.. Foreign corporations. Right to sue. Comity. Aliens. Disabilities. Holding real property. Statute. Purchase to protect lien.'</p> <p>The law of comity in its application to the question of the right of a corporation to act in another state or county is that a corporation created, by the laws of one state or county is permitted to do business in another state or country, and sue in its courts, unless expressly prohibited by statute, or the corporation is contrary to the public policy of the state, the law of comity is a part of the common law and the courts give it the effect that they give to any other rule of the common law.</p> <p>2. Aliens. Disabilities. Holding real property. Statute.</p> <p>Under Code 1906, section 2768, prohibiting non-resident aliens from holding land, but providing that they might take a lien on land to secure a debt and under sale to enforce the payment of the debt, might purchase the land and hold it not longer than twenty years, with full power, to sell it in fee to a citizen or to retain it by becoming a citizen within that time, where the state filed a suit to escheat the title of a foreign corporation to land bought by it at a sale under a deed of trust given it to secure a loan before. the expiration of the twenty-year period during which the corporation could hold the land and filed a notice of Ms pendens which practically prevented any sale thereof,' the time during which such suit was pending, not only prior to the decision in the court below in- favor of the corporation, but also pending an appeal by the state, should not be counted as a part of this twenty-year period the corporation could hold the land.</p> <p>3. Aliens. Disabilities. Holding real property. Statutes.</p> <p>There should also be excluded from such period the time during which the land was in the possession of a resident und'er a contract of purchase, which contract was subsequently rescinded because of a defect in the title, since -during that