135 Ga. 5 | Ga. | 1910
(After stating the facts.) The petition does not show on its face that the suit in the name of the corporation was unauthorized by those duly empowered by the corporation to institute suit in its behalf. The presumption is that the attorney at law who signed the petition as counsel for the corporation had the authority of the proper officers of the corporation to appear and bring such suit; and this presumption can only be overcome in the manner provided for in the Civil Code, § 4423. Peoples Mutual Fire Ins. Co. v. DeLoach, 113 Ga. 802 (39 S. E. 466); Lester v. McIntosh, 101 Ga. 675 (29 S. E. 7); Dobbins v. Dupree, 36 Ga. 108.
The suit was instituted by the corporation against certain of its members and an alleged purchaser of its propertjr from the latter, charging that for the reasons stated the sale was fraudulent and made without authority, and praying that the deed be cancelled and a receiver appointed to take charge o.f the propertjg and hold its income and profits for the benefit of the corporation, and that the purchaser account to the corporation for the income and profits he had received therefrom, and also praying that the defendant' members of the corporation be required to account to it for the purchase-money received by them for the property .and that the same be decreed to be assets of the corporation free from any claim of the purchaser or of the other defendants who had appropriated the same to their own use. The corporation could not have the deed cancelled, the property placed in the hands of a receiver, and the income and rents thereof paid to the corporation, and also recover from the defendant members of the corporation the purchase-
Judgment reversed.