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subordination to

6/12/2012 5:49:00 AM [文化-历史]

subordination to

he legal title. Lamme v. Dodson,Mont Pac. . We therefore conclude that the amended complaint should be viewed, as, in fact it was viewed throughout the proance only, and not open to attack for misJoinder.} The point of the general demurrer Is that the agreement was made in July and the suit was commenced In September thus disclosing a period of overyears In which respondent did nothing In assertion of his rights; that In the absence of excusatory averments, this Is laches appearing upon the face of the pleading by which equity Is negatived, and therefore a general demurrer will lie. The argument is plausible, but ineffective. Assuming that, where laches appears on the face of the complaint, advantage thereof may be taken by demurrer for substance, and conceding that, following the maxim, Equity aids the vigilant laches may arise from an unexplained delay short of the period fixed by the statute of limitation American Mining Co. v. Basin & Bay State Mln. CoMont ,Pacli. R.A. N. S. ; Wolf v. Great Falls W. P. & T. CoMont ,Pac.still laches will not be presumed from such a delay alone.Cyc. ; Lux v. Haggln,CalPacPac. ; Marsh v. Lott,CaL ,Pac. . Now, the statute invoked here is section , Revised CodeTods Shoes Sale s, and whether we apply it as in itself a bar, or as a test for laches, the question arises: When, as to this case, did it commence to run? It is the r Tods Online ecognized rule, followed by this court that specific performance of an oral contract for the sale of real estate may be decreed where possession thereunder, taken by the vendee with the vendor's knowledge or consent, Is followed by improvement of the property, even though no part of the purchase price has been paid. Flnlen v. Helnze,Mont ,Pac. ; Cobban v. Hecklen,Mont ,Pac. . In such a case, where the payment and conveyance are to be concurrent acts, and where the vendee has made repeated efforts to pay, and stands ready, able, and willing to pay, the vendor is placed in the same positio http://www.todsoutlet-sale.com n as though payment had been made; that is to say, he holds the legal title in trust for the vendee. Cobban v. Hecklen, supra; Flnlen v. Heinze, supra; Ives v. C Tods Outlet ress,PaAm. Dec. ; Willis v. WozencraftCal. ; Whittier v. Stege,Cal. ; Howell v. Budd,CalPac. . On this theory the statute of limitation does not commence to run until the vendor has in some manner disavowed his trustCyc f, which disavowal may, in cases such as this, consist of a flat refusal to convey or to recognize the contract Turning, now, to the amended complaint, we find the charge that both Henry P. Brooks and John Brooks have refused and neglected to convey, notwithstanding demand. But when? It may have been more than five years before the compayment of the taxes by Brooks Is cons Tods Shoes idered to be of importance on account of the failure of the trial court to impose reimbursement as a condition to the relief granted, or as affecting the respondent's right to any relief, we are not clearly informed. But in iither view it is decisive that the court found, not the respondent, but Henry P. Brooks and John Brooks, to have been at fault, and fixed upon them the blame for the long continuance of the legal title in their names. While public charges against real estate are properly assessed to the holder of the legal title, and It is his privilege to pay them in order to protect it, yet in this case he could at any time have shifted that burden to the shoulders of the respondent by simply keeping the agreement Such public charges as are to be expected in the usual course of events are like increases in value or depreciation in the currency after contract of sale and pending conveyance, In that they will not absolve the vendor, nor entitle him to any added recompense, where he is at fault for delay in performance. Gotthelf v. Stranahan City Ct Brook.N. Y. Supp. ;N. TN. BL. R. A. ; King v. Raab,IowaN: W. ; Pomeroy, Spec. Per However, the court did require the respondent to pay interest at the legal rate on the purchase price for the entire period since the date of the

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officer has the r

6/12/2012 6:14:00 AM [财经金融]

officer has the r

ight to question the Judgment of this court If the court is In error as to any matter, an application must be made to the court for its correction. While the respondent Davis is guilty of contempt for not rendering unquestioning obedience to the order of the exercise of the power of eminent domain: Provided further, that before any railroad corporation organized under the laws of any other state or territory or of the United States shhttp://www.todsoutlet-sale.com all be permitted to avail Itself of the benefits of this act, such corporation shall file with the secretary of state a true copy of Its charter or articles of incorporation. The part of section , the validity of which is brought in question, is the following: The secretary of state, for services performed in his office, must charge and collect the following fees:iv. For recording and filing each certificate of incorporation and each certificate of increase of capital stock, the following amounts shall be charged: Amounts up to $ fifty cents per thousand dollars. Additional from $, to $ forty cents per thousand dollars. Additional from $, to $ thirty cents per thousand dollars. Additional from $, to $, twenty cents per thousand dollars. Additional over $, ten cents per thousand dollars. X. For filing each certified copy of charter or articles of incorporation of any foreign corporation, the same fee shall be charged as Is provided for in article IV of this section, for domestic corporations.The question submitted for' decision is whether sectionis invalid for either or both reasons assigned by the plaintiff. In support of their contentions counsel for plaintiff cite Western Union Telegraph Co. v. Tods Shoes Sale Kansas,U. SSup. Ct ,L. Ed later approved by the same court in Pullman Co. v. State of Kansas,U. SSup. Ct ,L. Ed Ludwlg v. Western Union Telegraph CoU. SSup. Ct ,L. Ed and Inte Tods Shoes rnational TextBook Co. v. Pigg,U. SSup. Ct ,L. Ed Tods Outlet L E. A. N, SAnn. Cas. . These cases, particularly the first, are directly In point In the first there was brought In question the validity of a provision of the General Laws of the state of Kansas, which, besides requiring a corporation seeking to engage in business In the state of Kansas, after having secured permission from the state charter board upon formal application made for that purpose, also required It to pay to the state treasurer of Kansas, for the benefit of the permanent school fund, a charter fee of onetenth of one per cent of It Tods Online s authorized capital upon the first one hundred thousand dollars of its capital stock, or any part thereof; and upon the next four hundred thousand dollars, or any part thereof, onetwentieth of one per cent; and for each million or major portion thereof over and above the sum of five hundred thousand dollars, two hundred dollars. General Statutes Kansas ,. In an elaborate opinion by Mr. Justice Harlan, in which there is an extencourt upon the same or analogous questions, the conclusion was reached that it Is not competent for a state Legislature to require a foreign corporation engaged in Interstate commerce, as a condition precedent to its beginning or continuing to do business in that state, to pay a given per cent of Its capital stock, representing all of its business everywhere within and outside of the state, becauseIt operates as a burden and tax on the Interstate business of the corporation, in violation of the commerce clause of the Constitution, andbecause it is a tax upon the property of the corporation beyond the limits of the state, Inconsistent with the due process of law enjoined by the fourteenth amendmentIt is true that the method prescribed for ascertaining the tax Imposed by section , supra, Is a charge of a fixed number of cents per $, of the par value of the capital stock, graduated in proportion to the amount of the capital stock; whereas, under the Kansas statute, up to $, It was to be calculated by a graduated percentage, and thereafter at a uniform fixed sum per $. This divergence In method, however, Is immaterial. The vice of such legislation, as the reasoning of the court shows, consists in the nature of the burden Imposed by it and not In the amount The

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