§ 40-22-104 — Property of each transferred

(1) Upon the consummation of
said act of consolidation, all the rights, privileges, and franchises of each of said
corporations, parties to the same, and all the property, real, personal, and mixed,
and all debts due on whatever account, as well as stock subscriptions and other
things in action, belonging to each of such corporations shall be deemed to be
transferred to and vested in such new corporation without further act or deed. All
property, all rights-of-way, and every other interest shall be as effectually the
property of the new corporation as they were of the former corporations.

(2) The title to real estate, either by deed or otherwise, under the laws of this
state or of the United States, vested in any of such corporations, shall not be
deemed to revert or be in any way impaired by reason of this article, nor shall the
lien, operation, or effect of any trust deed or mortgage executed by any of the
corporations so consolidating be in any way divested, impaired, or affected. The
new corporation shall have the right to execute any future trust deed or mortgage
upon its property, as shall be provided in the agreement of consolidation, not
inconsistent with the laws of this state, and all debts, liabilities, and duties of either
of said companies shall attach to said new corporation, and be enforced against it,
to the same extent as if said debts, liabilities, and duties had been incurred or
contracted by it.

Legislative History

Source: L. 1883: p. 120, � 4. G.S. � 356. R.S. 08: � 5424. C.L. � 2830. CSA: C. 139, � 16. CRS 53: � 116-3-4. C.R.S. 1963: � 116-3-4.