95 Ga. 208 | Ga. | 1894
An execution in favor of Rau against the Stewart Paper Manufacturing Company, based upon a judgment of date September 14th, 1892, was levied upon 100 acres of lot of land number 818 and 65 §• acres of lot 317 in the 16th district of Rockdale county, the levy embracing all the buildings, engines, machinery, etc., located on the land, the property being known as the Rockdale Paper Mill lands. The property was claimed by the Union Paper Mill Company. There was a verdict finding the property not subject, and plaintiffs motion for a new trial being overruled, he excepted.
It appeared from the evidence, that in July of 1886,
We do not mean to say that a case might not arise in which corporators by the terms of their application for a charter might not so far commit their property as assets of the corporation as that if, upon its organization, the corporation did in fact take possession and control the property, and, upon the faith and credit of property thus acquired and thus controlled, incurred liabilities, the courts would treat such property, as to such debts, as tbe property of the corporation, not upon the theory that the corporation had a legal title to the estate, but upon the theory that the corporators themselves would be estopped to set up title in themselves as against a bona• fide creditor upon the faith of their apparent dealings with their property. But this is not a contest between the corporators themselves and a person claiming to be a creditor, as appeared in Stewart Manufacturing Company v. Rau, 92 Ga. 511. It is a contest between a
Exception was taken to the exclusion by the court of certain answers to interrogatories addressed to the plain