CAPE SABLE COMPANY'S CASE.—3 BLAND. 587

him from the proofs and proceedings now in the case, and such
other proofs as may be laid before him, shewing the amount of the
rents and profits with which each of the said defendants is charge-
able from the 17th of February, 1831, to the time when that por-
tion of the said chattel real called the ten acre lot held by them,
or any or either of them, shall have been delivered up as herein
directed to the plaintiff James Neale.

And it is further decreed, that the petition filed in this case by
Charles Frenour, be and the same is hereby dismissed with costs,
to be taxed by the register.

And it is further decreed, that the defendants as against whom
the bill of complaint has not been dismissed, pay unto the plain-
tiff his costs in this suit, to be taxed by the register.

As to the manner in which this case was finally disposed of by
the Court of Appeals, see 7 G. & J. 13.

THE CAPE SABLE COMPANY'S CASE. 6O6

SUITS AGAINST CORPORATIONS. ABSENT OF STOCKHOLDERS TO INCUMBRANCERS.--
CREDITOR'S BILL AGAINST INSOLVENT CORPORATION.—ESTABLISHMENT OF
CLAIMS.—INJUNCTION TO STAY EXECUTION.—-SHERIFF'S FEES.—LIEN or
JUDGMENT.

An action of assumpsit may be sustained against a corporation founded on
its acts done within the legitimate purposes of its institution.

No authority to appear to an action against a body politic can be given unless
it appears to have been given by the president as under its proper corpo-
rate name, (a)

Where the incorporating legislative enactment requires the assent of three-
fourths of the stockholders to make a contract or mortgage, it will be
deemed void unless such assent be shewn; and the confession of a judg-
ment to secure a debt is an incumbrance which requires such an assent
within the meaning of such a provision in the incorporating enactment.

Where, on a bill filed against a corporation, it is admitted to be in a condition
of absolute insolvency, it may be thenceforward proceeded on as a credi-
tor's suit, a decree passed, directing all the property of the body politic
to be sold, and notice to be given to its creditors to bring in their claims.

A body politic may have a local habitation; and should be sued in the county
in which it is located, (b)

Although by declaring, that the property of a corporation shall be held as
real estate, and descend as such, its personalty must be so treated aa
regards the stockholders, it does not follow that it must be so considered
in all other respects.

A co-partnership may be dissolved by some of its members becoming, as to
the same purposes as the partnership, a body politic under an Act of in-
corporation.

(a) See Elysville Co. v. Okisko Co. 1 Md. Ch. 392.
(b) But see Turnpike Road v. Crawther, 63 Md. 558.