Bradley v. Reppell

• Citation: 34 S.W. 841,133 Mo. 545
• Parties: BRADLEY et al. v. REPPELL.
• Decision Date: 17 March 1896
• Court: United States State Supreme Court of Missouri

34 S.W. 841

133 Mo. 545

BRADLEY et al. v. REPPELL.

Supreme Court of Missouri.

March 17, 1896.

CORPORATION — EXPIRATION OF CHARTER — POWERS — MOTION FOR NEW TRIAL — REVIEW.

1. After a corporation's period of existence has expired by force of a general statute (1 Rev. St. 1855, p. 369, § 1), it cannot execute a valid conveyance; and defendant, claiming by adverse possession, and not being a party or privy to the deed, is not precluded from questioning the validity of such deed as a link in plaintiff's chain of title, as it is not the act of a corporation de facto. 32 S. W. 645, affirmed.

2. Where the trial court erred in granting a new trial on the grounds set out in the record, the appellate court cannot affirm the judgment on the ground that a new trial was properly awarded for other reasons, unless a counter abstract is filed, as provided by Rev. St. 1889, § 2253, showing the ground upon which the motion was based, and the court's ruling thereon. 32 S. W. 645, affirmed.

Barclay and Robinson, JJ., dissenting.

In banc. Ejectment by T. C. Bradley and others against Joseph H. Reppell. A verdict for defendant was set aside, and a new trial granted. Defendant appeals. Reversed in division, and transferred to court in banc. Reversed.

For opinion on hearing in division, see 32 S. W. 645.

Teasdale, Ingraham & Cowherd, for appellant. Hardwicke & Hardwicke and Porterfield & Pence, for respondents.

PER CURIAM.

The foregoing opinion (32 S. W. 645), handed down in division No. 1, is adopted as the opinion of the court in banc. GANTT, SHERWOOD, MACFARLANE, and BURGESS, JJ., concurring with BRACE, C. J., therein. BARCLAY and ROBINSON, JJ., dissenting. Judgment will therefore be entered as directed in the opinion.