Report of Cases Decided by the Supreme Court of Mississippi Volume 81

Report of Cases Decided by the Supreme Court of Mississippi Volume 81

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...was the proper tribunal to apply to in order to dispose of any objection Scherck might make to the issuance of the stock to Montgomery. But for Scherck's telephone message, the company would have cheerfully issued the stock, as the bill avers. VVe cannot support the contention that a sale of the stock, as between the parties, cannot be made except by actual transfer on the books of the company. This is for the convenience of the corporation, and _it has, in this suit, full opportunity to give any valid reason why it should not make the actual transfer. The design of code, 844, and the amendment (acts 1894, p. 46), was simply to protect creditors, and fix the stockholders' liability for unpaid subscription. The transfer on the sale is good as between the seller and the purchaser. Timberlalce v. S/zlppers' U0-112, -v1'ea-sr U0., 72 Miss., 323 (16 South., 530). Afiirmed and remanded, with thirty days to appellant to answer after mandate filed below. ' Brief for appellant. Jamns H. BROWN 7). RICHMOND J. Lron. 1. Vaunon AND Vmvnss. Purchase money lien. Tax mu. Voidableas to one. voidable as to the other. A vendor, having a lien on land to secure the purchase money, may by suit set aside a tax title thereto which is voidable by the vendee. The assignment for less than its face value of a promissory note, secured by vendor's lien on land. procured by the holder of a voidsble tax deed to the land upon the pretense that the deed was valid, is fraudulent, and the assignee, after the collection by him of the full sum due on the note, is liable in equity to the defrauded assignor for the sum collected, less the amount paid for the note, and suit therefor is maintainable without an offer to return the money received for...
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Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236841247
  • 9781236841247