Alexander v. Tolleston Club

Citations

• 110 Ill. 65

Syllabus

<p>1. Corporation—right to acquire and hold title to real estate—limit of the right. By section 81, of chapter 32, of the Revised Statutes of 1874, corporations, associations and societies, not for pecuniary profit, formed under that act, are made- capable, in their corporate names, of taking, purchasing, holding and disposing of real and personal property, for the purposes of their organization.</p> <p>2. Same—who may object that a corporation is holding real estate in excess of its right. Where a corporation, by the law of its creation, is authorized in some cases, or for some purposes, or to a certain extent, to take and hold the title to real estate, it can not be made a question by any party, except the State, whether its real estate has been acquired for the authorized uses or not, or is in excess of the capacity of the corporation to take and hold. The State alone must assert her policy in that regard.</p> <p>3. So the right of an association, assuming it to be a corporation under a law authorizing the creation of corporations of the class to which it claims to belong, and which has exercised powers as a corporation, to hold property, can not be questioned by an individual citizen in a suit to set aside a contract he has made with the association in its corporate name and character.</p> <p>4. Chancery—;jurisdiction—injunction as to right in another State. A court of equity in this State has jurisdiction of a bill, the object of which is to obtain an injunction to prevent the defendant from interfering with a right of way claimed by the complainant over lands situate in another State, where the defendants are personally served. The jurisdiction in equity by way of injunction is strictly in personam.</p> <p>5. Lease—construed, as to period of duration—as affected by the mode of organization of the lessee corporation. The owners of land leased to a club all their ground in a certain section, used for a canal and right of way, “for and during the existence of sai