Presumably,  therefore,  an  act  invalidating  all  trust  deeds
executed  to  foreign  corporations  would  be  unobjectionable  on
constitutional  grounds.^

The  limitations  on  the  powers  of  foreign  corporations,  how-
ever, so  far  as  they  concern  the  present  discussion,  have  been
considered  chiefly  in  relation  to  the  common  provision,  statutory
or  constitutional,  which  prohibits  such  corporations  from  "  doing
business"  in  a  State,  except  on  certain  conditions.
The  mere  acceptance  of  a  trust  which  is  to  be  executed  after-
wards on  a  contingency  is  probably  not  within  the  prohibition.^

A  trust  mortgage  to  secure  a  debt  is  not  within  the  prohibition

^  This  was  assumed  in  Farmers'  Loan  &  pendent  opinion  to  the  effect  stated  in  the
Trust  Co.  V.  Chicago  &  A.  Ry.  Co.,  supra  ;  text,  but  based  its  actual  decision  that  the
but  Judge  Greshara,  upon  a  review  of  the  trust  deed  to  the  foreign  corporation  was
wording  of  the  statute,  concluded  that  it  voidable  merely,  and  not  void,  upon  the
could  not  have  been  intended  to  apply  to  case  of  Sherwood  v.  Alvis  (1887),  83  Ala.
