Hickory Farm Oil Co. v. Buffalo, N. Y. & P. R. Co.

• Decision Date: 13 August 1887
• Citation: 32 F. 22
• Parties: HICKORY FARM OIL CO. v. BUFFALO, N.Y. & P.R. CO.
• Court: U.S. District Court — Western District of Pennsylvania

32 F. 22

HICKORY FARM OIL CO. v. BUFFALO, N.Y. & P.R. CO.

United States Circuit Court, W.D. Pennsylvania.

August 13, 1887

John Dalzell, for plaintiff.

J. D Hancock, for defendant.

ACHESON J.

By consent of the parties, a verdict was taken in favor of the plaintiff, subject to the opinion of the court as to the law upon the following agreed state of facts:

'(1) It is admitted that the plaintiff has a good record title to the land described in the writ, which is part of a larger tract, containing in all about 400 acres, purchased by and conveyed to plaintiff in 1864.

'(2) That the plaintiff is a corporation, organized under the laws of New York, in the year 1864, under the provisions of an act of the legislature of the state of New York entitled 'An act to authorize the formation of corporations for manufacturing, mining, mechanical, and chemical purposes,' passed February 17, 1848, and the several supplements thereto.

'(3) The articles of association of said corporation contain, inter alia, the following paragraph: '(11) The objects for which said company is formed are to acquire by purchase, lease, or otherwise, and to hold and convey lands in the mineral oil producing regions of Pennsylvania, and elsewhere, and to carry on the business of mining and boring for petroleum or mineral oils, and other mineral products of such lands, and extracting the same from the earth.'

'(4) If the court shall be of opinion that, under the law, the plaintiff is entitled, upon the facts as recited, to recover, then judgment to be entered on the verdict for the plaintiff; otherwise judgment to be entered for the defendant non obstante veredicto.'

By the fifth section of the act of assembly of the commonwealth of Pennsylvania of April 26, 1855, (P.L. 329; 1 Purd. 361,) it is enacted that 'no corporation other than such as shall have been incorporated under the laws of this state, nor shall any foreign government, potentate, or power, hereafter acquire and hold any real estate within this commonwealth directly in the corporate name, or by or through any trustee or other device whatsoever, unless specially authorized to hold such property by the laws of this commonwealth. ' And by the ninth section of said act (1 Purd. 719) it is provided that all property hereafter 'acquired and held' by corporations forbidden by said act to hold the same, or held contrary to the intent of the act, shall escheat to...