[DOWNLOAD] "Wilson v. Thelen" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Wilson v. Thelen
- Author : Supreme Court of Montana
- Release Date : January 18, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Real Property ? Oil and Gas Leasehold ? Determining Title ? Jurisdiction ? Action Local in Character ? Res Judicata ? Effect of Knowledge of Claim Asserted by Plaintiff ? Corporations ? Directors ? Fiduciary Relationship ? What Does not Constitute ? Attorney and Client. Courts ? Action to Determine Title to Real Estate Local to State in Which Property Lies ? Jurisdiction. 1. An action to determine title to, or an interest in, or recover possession of, real property (in the instant case an oil and gas leasehold), is local to the state in which the land lies, and therefore courts of one state have no jurisdiction to litigate title to lands lying in another state; the rule applying also to federal courts. Same ? Parties cannot Confer Jurisdiction on Court by Consent in Action to Try Title to Real Estate Lying in Another State ? Res Judicata. 2. While parties to an action may submit to the jurisdiction of a court so far as their person is concerned, they cannot give consent to its jurisdiction over the subject matter of the suit, i.e., real property lying outside of the state in which the action is brought; and where in violation of such rule a judgment was rendered by a federal court it was not res judicata in a subsequent action brought in the proper forum. Appeal and Error ? When Findings of Trial Court not to be Disturbed on Appeal. 3. In an action to recover possession of an oil and gas leasehold, tried by the court without a jury, the findings of the court will not be disturbed on appeal where they are supported by substantial evidence. Action to Determine Title to Real Property (Oil and Gas Leasehold) ? Party Purchasing Property at Judicial Sale With Knowledge of Claim of Plaintiff ? Effect of Purchase. 4. Where the trial court in an action of the nature of the above found on sufficient evidence that plaintiff had no interest in the property sought to be recovered, the fact that defendant knew of the claim made by plaintiff when he purchased it at judicial sale did not affect the validity of the transaction, the effect of such knowledge having simply placed the purchaser in the position of one buying the property at his peril. Corporations ? Director Purchasing Corporate Property in Violation of Fiduciary Relation ? Rule Inapplicable to Attorney of Corporation. 5. The rule that a director of a corporation may not deal with the corporate property in such a way as to acquire an interest adverse to that of the corporation, does not apply to a member of a law firm (not a director) a member of which while acting in behalf of the - Page 306 corporation, had purchased an interest in the corporations property at judicial sale. Same ? Corporation Indebted to Director ? Director may Enforce Claim by Same Method as Other Creditor ? Effect of Director Warning Corporation of Intention to Collect. 6. A director of a corporation to whom it owes a bona fide debt may enforce payment thereof by the same method open to any other creditor; and where he warns the corporation that if his claim was not paid he would bid on corporate property at judicial sale, and does so, he may not thereafter be charged with violation of his fiduciary relationship to the corporation. Same ? Director Acquiring Interest in Oil and Gas Leasehold in Good Faith ? Transaction Held not in Violation of Fiduciary Relation to Corporation. 7. A managing director of two associated oil and gas corporations who was also the president of one of them and who in good faith, as found by the trial court, purchased an interest in the property of one of such corporations from one who acquired it at judicial sale without an understanding that he was expected to buy it for the benefit of the corporation, held to have acquired a good title to such interest.