The Bank Commissioner is authorized by statute to so substitute himself as a party in actions pending by or against a failed state bank at the time of his taking over the same. Section 9172, O. S. 1931, 6 Okla. Stat. Ann. sec. 148; Tinch v. State. 120 Okla. 163, 250 P. 1011. However, the fact that the Bank Commissioner so substituted himself as a party in any such could not be said, in view of the statutes that the assets of the failed bank shall be held for the use and benefit of the depositors and creditors of the bank, to thereby change such suit to one as by or against the sovereign state.