President & Trustees of Mount Palatine Academy v. Kleinschnitz
Illinois Supreme Court
This was an action of ejectment brought by plaintifis in error against defendants, in the Putnam Circuit Court. Defendants pleaded not guilty. That they were not in actual occupancy of the premises when suit was brought. That the plaintiffs were not and are not a corporation in manner and form as set forth in the declaration. Plaintiffs joined in issue to the country. There was a trial, and verdict and judgment for the defendants.
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This was an action of ejectment brought by plaintifis in error against defendants, in the Putnam Circuit Court. Defendants pleaded not guilty. That they were not in actual occupancy of the premises when suit was brought. That the plaintiffs were not and are not a corporation in manner and form as set forth in the declaration. Plaintiffs joined in issue to the country. There was a trial, and verdict and judgment for the defendants. The plaintiffs introduced in evidence, an act to incorporate the Mt. Palatine Academy, in force March 3, 1845; and conveyance of the land to the corporation, etc.,…
1Opinion of the Court
Catón, O. J.
We do not deem it necessary to express any opinion as to the effect of the act amending the charter of the plaintiff. Admitting that a new corporation was thereby created in which the title to the real estate owned by the old corporation was not vested, that act at least was designed to so amend the old charter as to vest in the new corporation the possession and control of the buildings and grounds used for academical purposes. By their action, all parties evidently supposed that this amendment of the charter continued the old corporation under a new name, and all that has been…
2Cited by2 opinions
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