|
|
Kerfoot v. Farmers’ & Merchants’ Bank, 218 U.S. 281 (1910)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Kerfoot v. Farmers’ & Merchants’ Bank, 218 U.S. 281 (1910)
Kerfoot v. Farmers’ & Merchants’ Bank No. 6 Argued October 25, 1910 Decided November 7, 1910 218 U.S. 281
ERROR TO THE SUPREME COURT
OF THE STATE OF MISSOURI
Syllabus
In the absence of clear expression of legislative intention to the contrary, a conveyance of real estate to a corporation for a purpose not authorized by its charter is not void, but voidable. The sovereign alone can object; the conveyance cannot be impugned by the grantor, his heirs or third parties.
Although the conveyance of real estate in this case to a national bank was not one permitted by § 5137, Rev.Stat., title to the property passed to the grantee for the purpose expressed in the conveyance, and that instrument cannot be attacked as void by an heir of the grantor.
On writ of error to review the judgment of a state court holding that a deed to a national bank was not void under the federal statute, this Court will not review findings of the state court of fact as to the acceptance of the deed.
The facts, which involve the validity of a transfer of real estate to a national bank, are stated in the opinion.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Kerfoot v. Farmers’ & Merchants’ Bank, 218 U.S. 281 (1910) in 218 U.S. 281 218 U.S. 285. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=Z2FSE95FD5H5FWR.
MLA:
U.S. Supreme Court. "Syllabus." Kerfoot v. Farmers’ & Merchants’ Bank, 218 U.S. 281 (1910), in 218 U.S. 281, page 218 U.S. 285. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=Z2FSE95FD5H5FWR.
Harvard:
U.S. Supreme Court, 'Syllabus' in Kerfoot v. Farmers’ & Merchants’ Bank, 218 U.S. 281 (1910). cited in 1910, 218 U.S. 281, pp.218 U.S. 285. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=Z2FSE95FD5H5FWR.
|