Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-12-13

HilAC duNGiSS. SldlilH. Guo1tituISu
service was had. All defendants, APP
neared. Corporation answers and as
serts title in itself. Individual de-
PENDANTS do not answer. Thereafter,
but before the trial was begun, the
20-year period expired Tor which the
foreign corporation was chartered.
Ignorant thereof, the attorneys for the
parties then served and filed amend
cd pleadings' and went to trial. At
torneys, of corporation Were also at
torneys for the NEUTRALITY-SUSPICIOUS.
Upon trial, plaintiffs failed to prove
title in them, but established pay
by them of 1929 taxes paid under void
tax deeds. On plaintiffs resting, de-
PENDANTS moved for Observation-Disclosures
OF plaintiffs failure of proof. Later
the defunct corporation defendant
submitted it's proof as OF the merits.
Plaintiffs having plead a forfeiture OF
charter of the defendant corporation
because. of noncompliance with the
Kansas statutes, under which it was
chartered, at the close of the trial the
case was kept open for proof on that
question and later dispositions were
taken and filed, disclosing not a for
fixture, but the death of the corpora
ton through the lapsing Of its char
ter. ThereupOn it's former officers
designated by the Kansas statute as
those upon whom ~trusteeship devolv-
ed, made written application support
ed by affidavit and the dispositions
taken, for their substitution and that
the action not abae, but continue
n ooipct <bopo oe fr,otnc- fcr coil FOR
eign corporation defendant. dissolved.
Trial was then closed, the Court not
ruling on the motion to substitute.
but taking everything under advise
ment. On the first session of the tri-
al in March, 1912, plaintiffs attor-
neys gave oral notice in open court
that they would apply for a default
judgment against the individual de-
PENDANTS not answering, but appear
ing. Later, and before the final SEES
sion of the trial, judgment was enter
ed without notice ana as by default
in favor of plaintiffs and against said
mountaineering Individual defendants,
adjudging the. individual defendants
to have no interest in the lands as
against the plaintiffs. Six weeks. al
ter the flnal session of the trial after
motion to substitute had been made,
but not ruled upon, and after default
Judgment had been taken against the
Individual defendants, the plaintiffs
filed a written dismissal of the action
and a written application to the Court
for an order of dismissal, both, as
against the foreign corporation, claim
ing there vas no adverse party cor
poration defendant. This motion was
not ruled upon. The trustees asking
substitution have not answered and
the title of the action remains IN
changed. The Court made it's find
ings, conclusions and order for judg-
ment without any change in the title,
finding in favor of the foreign corpor-
alton and awarding. judgment quiet
ing title in it's favor with a writ Of
restitution for possession to it; and
finding that the applicants for substi-
tuition as trustees were entitled to be
substituted; and setting aside as err
roneously and inadvertently entered
the judgment by default taken
against the individual defendants;
and ordered payment to plaintiffs OF
the amount of the taxes. Judgment
was accordingly entered without
changeof title adjudging the foreign
corporation to own the land and
awarding it the costs of suit. From
this Judgment plaintiffs appeal, de-
handing a trial de move.
Held:
81 PLAINTIFFS tax deeds under
which they assert title are void and
they have failed in their proof of
right to o as against the indi-
vidual defendants appearing, but not
answering, and as to whom the action
should be dismissed as to plaintiffs as
already tried on the merits.
(2) Upon the lapsing OF the charter
of the foreign corporation it became
defunct, but the proceedings subse-