Gue v. Tide Water Canal Company - 65 U.S. 257 (1860)

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U.S. Supreme Court

Gue v. Tide Water Canal Company, 65 U.S. 24 How. 257 257 (1860)

Gue v. Tide Water Canal Company

5 U.S. (24 How.) 257

Syllabus

A corporate franchise to take tolls on a canal cannot be seized and sold under a fieri facias unless authorized by a statute of the state which granted the act of incorporation.

Neither can the lands or works essential to the enjoyment of the franchise be separated from it and sold under a fi. fa. so as to destroy or impair the value of the franchise.

The case is stated in the opinion of the Court.

Page 65 U. S. 262