Thomas v. Wilcox

Citations

• 18 S.D. 625
• 101 N.W. 1072
• 1904 S.D. LEXIS 104

Syllabus

<p>1. Where a patent from the government names the president of the board of trustees of an incorporated town as the grantee of land in trust for the use and benefit of occupants, the president may convey the land, and his deed i? admissible in evidence without showing that the corporate authorities of the town either joined in or had authorized its execution,</p> <p>2. The sufficiency of the description of property in a complaint to quiet title cannot be questioned for the first time in the Supreme Court.</p> <p>3. Where the president of the board of trustees of an incorporated town was sufficiently described as the grantor in a deed of property conveyed to an occupant, and he signed the instrument as such trustee, it was sufficient for the notary to certify in the acknowledgment that such grantor was known to him “to be the person who is described in and who executed the annexed instrument.”</p> <p>4.. The objection to the admission in evidence of a deed to a corporation as grantee, without sufficient proof of incorporation, is without merit, where a properly certified copy of the articles of incorporation of the company is also in evidence.</p> <p>5. Whether a corporation was properly organized, to authorize it to engage in the business it is pursuing, cannot be raised in an action to which it is not a party by objecting to the admission in evidence' of a . ' dee.d made by it as a link in the chain of title.</p> <p>6. Laws 1890, c. 154, § 5, provides that it shall be the duty of the Secretary of State,' on an application for á corporate charter, to require two applicants therefor to make oath that such corporation is not being formed for the purpose of enabling several corporations to avoid the provisions of the act, and provides that “if such oath or affirmation is not satisfactory the Secretary is authorized to' withhold such charter. Held, that the validity of a corporate charter is not affected by the fact that the affidavit of one of such incorporators conta