Turney v. Wilton

Citations

• 36 Ill. 385

Syllabus

<p>1. Trustees of State Bank—when authorized to sue in corporate name of lank. Notwithstanding the expiration of the charter of the State Bank, the trustees of the hank, appointed under the act of the General Assembly of March 1, 1841, had authority to prosecute suits in the corporate name of die hank.</p> <p>2. As the trustees of the Bank of Illinois had the authority to commence and prosecute suits in its corporate name, it follows that the trustees of the State Bank, having the same powers as those trustees, had a like authority, notwithstanding its charter, as to other persons, was to expire before the trustees were to he appointed.</p> <p>3. Legislative construction—not conclusive when made from misapprehension. Though great weight should be given to legislative construction, it is not conclusive upon courts, and its weight is always lessened, when it can he seen such construction arose from misapprehension.</p> <p>4. Intention of legislature—to prevail over such legislative construction. Courts are required to give effect to the intention of the legislature, and in so doing must disregard a legislative construction given under a misapprehension, whenever such construction is inconsistent with the legislative intention.</p> <p>6. It never was the design of the legislature by any of the acts on this subject, to dismiss suits which were pending, and let the debtors go free.</p> <p>6. Statute of uses. The trustees of the State Bank having the right to prosecute a suit for foreclosure of a mortgage, pending in February, 1848, to a final decree in the corporate name of that institution, a decree of foreclosure in such suit was valid; and if, upon a sale under the decree, the land was bid off in the name of the bank, a deed from the master to the bank by its corporate name would be for the use of the trustees, and the statute of uses would transmit the legal estate to them.</p>