Davies
Davies v. Mt. Gaines Mining & Milling Co.
Opinion
lead Opinion
Plummer, J.
This action was instituted by the plaintiffs for the purpose of securing a judgment annulling, setting aside and adjudging void a certain deed executed by the plaintiffs to the Mt. Gaines Mining & Milling Company.
The record shows that the Mt. Gaines Mining & Milling Company is a corporation organized under the laws of the state of Nevada. On the twenty-first day of April, 1924, the plaintiffs, for a valuable consideration, made, executed and delivered to the defendant Mining - Company a deed of conveyance to certain mining property situate in the state of California. The complaint is based upon the theory that the acquiring of this property by the defendant, Mt. Gaines Mining & Milling Company, constituted doing business within the state of California, and the grounds upon which plaintiffs allege they are entitled to the relief prayed for is that prior to the purchase of the real estate referred to the Mt. Gaines Mining & Milling Company had not filed any certified copies of its articles of incorporation, or otherwise complied with the act of the legislature of 1915 (Stats. 1915, p. 422), as amended in 1923 (Stats. 1923, p. 1034) ; relative to foreign corporations transacting…