Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-11-17

subserve alone the purposes Of their creation and they
are e1ner aggregate sole. OF the latter are Deans
&C, III England. 1t is, however, of the former
hho We have 10 neutrality-suspicious. composed of many
persons These natural persons become parts or
OF neIe artificial person, body polite for
"hich the law provides u name and a seal and BY
wien y. y! this body acts As being.
- mol, therefore, possible, that corporation aggre-
.an vGte IN It's corporate character; because il
nv NC SSd 10 tc 'okde male citizen. aged fctnfyone
ye"'s; The natural persons Of winch it is composed
may Ie o all cnlos, ages and sexes and be citizens and
subjects of ell countries
corporation aggregate, authorized 10 hold land, ma
t"A. ana rnl"y during the term Of its existence the
"S"'"' estate THEREIN known 10 laws, i fee sim.
pre- or IL may take less estate. for term of yrars-
u''S would not constitute i'll the artificial p-rs"n
''l'a' believe. hnwrv'r. that all tin. existing
P''a''"ns "irie the RI ht TO vote stock has been
cia''d have purchased the fee simple estate in the
ANUS ha lots ui"n winch lri. works have been erect
co. ms b'ns Thu Case. the entire estate 1.-THE fee pos
s'Ss'oh and usrO is absolutely vested in the artificial
PRISON" or corporation of each cnrrpanY by the name
gwen IN the charter. The freehold estate EXISTS in no
""'"T0t FerSoa there any STARE, n,s rcerrsion
" ''na'hGrT OF estate, 10 the land remaining with
Fes!ru IN any one stakeholder.
NO stakeholder therefore b. said be possessed
% al estate Of freehold in (thIs) land Nor: in
any part thereof The freehold is one and indiyisibl
III me corporate body and be maintained defended
CT aenltrd alone BY the proper Office officers OF the
Dou!' AI the interest the socAhuder has, pecunia-
|
Inc right to his shares of stocks. But he can neither
maintain an action for the land far injuries done
H. nor convey any right 10, interest in the said land
any such conveyance would be void.
tIiHK The would be altered if the stock was
declared rsa estate, and made descend 10 the heir
he stack, The only thing Of which the holder
could lie Possessed, could not with propriety, be said
to be land; For, an injury to it would not be respGss
nor could The right 10 scrip stick he tried in Eeetmsn
ORGY brt Of Right, the ordinary forms Of action to
determine the possession and right Of freehold
land The; holder Of such scrip declared real estate
could not therefore be poscssrd of e:ate Of free
hold in land"
land warrant is personal estate until entry To-
cation II Is then made real eState and will descend
the heir; but If the entry be withdrawn vacated it
again becomes personal estate But thought
OF voting on land warrant, until after survey of the
entry, and ucuGf possession The citizens Of the ancient
districts OF West Augusta and Kentucky and the
ties OF Fincase, Yohogania and many Others were per.
n;rdby law 10 vote their surveys after being in pos.
session Of the lands twelve months.
These good ireehods and the tenants nig h have
mantaned aud defended their possessions, although they
had grants They were, nevertheless tenants or the
fec.
II is quite obvious that the possession OF thing de-
claed rcal estate by the Legislature, does constitute
estate of freehold in land unless it be Just such
thing. would have constituted such estate, at the
adoption of the Constitution. Slaves horses mules aud
asses may be declared rent estate yet they could not
with popriey, be said 10 be land could the holder
he considered possessed of an estate of freehold
III land he could not therefore, vote
understand that the advocates Of this scheme Of
suffrage have calculated, that upon dissolution Of
oil these corporations the lands and houses will give
dividend Of ut least 67 each share that although
the shares are personal estate by w-upon such
dissolution and division the land will IL, or re-
main ri them real estate; and that they have rgkt
to vote rere1S;oners remaindcr-mcn. This is
founded upon an entire mlsapprehension Of what
rfrs0a or remainder is, IN law. have before stated
that the entire estate in the und, held by the corpora
lion vested it, and that SHARE interest," recerso
remainder OF such estate or title, is now vested in
any Of the stockholders, in their individual character
How ii possible for any Of them to say that they
entitled to land out OF the proceeds OF a corporation
which is bound BY law 10 wind up lis in given
tie, by sale probably, Of every thing, and division
in money Even if Tie position had any foundation in
law, the expectation uf dividend in land quite
remote. Each stakeholder might just well claim, in
his right. the bonds and notes of tie corporation
the lands. But the words Of the Constitution admit
Q! doubt - Every such citizen being entitled to
version vested remainder fee, expectant estate
for life, lives in land" 1t would Dc sufficient here to
call the attention Of the lawyer TO the fact that there
not any characteristic of rererSiOn, remainder in
Lund be found connected with the nature Of the stock:
but may be improper for the general reader to give
Judge Blackstone definition OF revcrslon 81 Iesl-
due Of estate left in the gantor, to commence IN pos
session. after the OF some particular estate
granted by him Thus. if A shall grant estate
in land, TO and G, his wife, for the life Of the survivor
Of them the rerersiOn of the still exists in a. and al
ter the deaths of and g. the 'possessun shall fall to
A or his heirs. But if a shall grant estate in land
to and {, his wife, for the lie Of the survivor with
remainder in fee 10 u, here ID will be entitled TO vested
remainder i'll fee. expectant the lives Of and G,
and has nothing 'tor (t is said the fee simple Of all
lands abide somewhere; and II he, who be-
fore possessed of the WHOLE Of any smaller
estate and grants it away: whatever is not granted,
remains in him. A rcre1yi0n is never, therefore, Gre
atcd By deed writing but arises from construction
Of law a remainder never be limited, unless by
either deed or devise But, both equally transfer
rabe, when actually vesed-bcins both estates in pre-
:: senG though taking effect in tuturu.
From the very clear and unequvocal terms OF the ON
s:uun contingent rranders: and cxccutory dryiscs,
uic entirely excluded, until the estates vested.
Neither Corporations aggregate. nor the members Of
such corporate bodies We voted in Eng land
60 far as informed by virtue Of stock held therein
.7prU -, 1885. kiLWARDEN.