Wood v. Truckee Turnpike Co.

Citations

• 24 Cal. 474

Syllabus

<p>Sheriff’s Sale of Corporate Franchises.—The franchises of a corporation organized for the construction of a plank or turnpike road, do not pass hy a Sheriff's deed, where the Sheriff, by virtue of an execution issued on a judgment against the corporation, levies upon all the right, title, interest, claim, and property of the corporation in their road, advertises and sells the same, in the manner in which real estate is advertised and sold and executes to the purchaser a deed therefor.</p> <p>Franchises of Corporation—Sale of.—The franchises of a corporation are privileges granted and held in personal trust, and cannot be transferred hy forced sale, or hy voluntary assignment, except hy permission of the Government, and when that permission is granted, the mode of transfer pointed out must,be followed.</p> <p>Ejectment.—Ejectment does not lie to try the right to a road or right of way.</p> <p>Same.—A road or right of way is an incorporeal hereditament, and ejectment is maintainable only for corporeal hereditaments.</p> <p>Corporation—Right to Hold Land.— Corporations organized for the construction of plank or turnpike roads cannot acquire or hold lands, or the possessory right thereto, or any interest therein, beyond the easement or right of way over the same.</p> <p>Title to Land where Road Passes.—The road of a turnpike company is not the private property of the company, hut belongs to the public, and all the interest the company has in it is the right and power to collect tolls on the line of the road as a compensation for building it.</p> <p>Rights of Travellers on Toll Road.—Every traveller has the same right to use the road of a turnpike dompany upon paying the toll established by law that he has to use any other public highway.</p> <p>Sheriff's Sale of Road.—The levy upon and sale of a road, by virtue of an execution, gives to the purchaser no right or title to the same, for, being the property of the public, the defendant in the execution has no interest t