Christian Union v. Yount - 101 U.S. 352 (1879)


U.S. Supreme Court

Christian Union v. Yount, 101 U.S. 352 (1879)

Christian Union v. Yount

101 U.S. 352

Syllabus

1. While a corporation must dwell in the state which created it, its existence may be elsewhere acknowledged and recognized. Its residence creates no insuperable objection to its power of contracting in another state.

2. In harmony with the general law of comity among the states composing the Union, the presumption is to be indulged that a corporation, if not forbidden by its charter, may exercise the powers thereby granted within other states, including the power of acquiring lands, unless prohibited therefrom, either in their direct enactments or by their public policy, to be deduced from the general course of legislation or the settled adjudications of their highest courts.

3. This Court cannot presume that it is now, or was in 1870, against the public policy of Illinois that one of her citizens owning real estate there situate should convey it to a benevolent or missionary corporation of another state of the Union, for the purpose of enabling it to carry out the objects of its creation, since she permitted her own corporations, organized for like purposes, to take such real estate by purchase, gift, devise, or in any other manner.

Page 101 U. S. 353

4. Where land in Illinois was conveyed to a New York corporation, the children and heirs at law of the grantor, who file their bill to set aside the conveyance upon the ground that it was against the public policy of Illinois, can not raise the question that the grantee acquired a larger quantity of lands than its charter allowed.

5. Carroll v. The City of Fact St. Louis, 87 Ill. 568, and Starkwather v. American Bible Society, 72 id. 50 distinguished.

The facts are stated in the opinion of the Court.



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