Moore v. School Trustees of Town. Three
Illinois Supreme Court
ERROR TO CLAY. The defendants in error filed their bill in the Olay Circuit Court, praying to annul sale of certain lands in Sec. 16, sold by Moore, as school commissioner, to John L. Taylor, in February, 1854, and praying for injunction to restrain Taylor from waste. The plaintiffs in error prosecute a writ of error, to reverse that decree.
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ERROR TO CLAY. The defendants in error filed their bill in the Olay Circuit Court, praying to annul sale of certain lands in Sec. 16, sold by Moore, as school commissioner, to John L. Taylor, in February, 1854, and praying for injunction to restrain Taylor from waste. The plaintiffs in error prosecute a writ of error, to reverse that decree. The following matters appear in the bill: In 1837, all of Sec. 16, T. 3 N., R. 8 E., was offered for sale, without the preliminary steps having been taken, and contrary to law; but only the S W. quarter of SW. quarter, was then sold ; that the tracts were…
1Opinion of the CourtSkinner, J.
This was a bill in equity to set aside a sale of school lands, made by Moore, as school commissioner, to Taylor.
It is insisted that the trustees of schools of the township for whose use the land was held in trust by the State, for common school purposes, cannot sue; but that the State alone can sue, or that she should in some manner be a party to the bill.
In equity, those having the beneficial interest in the subject matter and relief sought, are the proper parties to sue, although they may not have the legal title or interest therein. Fry v. Bank of Illinois, 5 Gil. R. 332; Edwards v. Hill,…
2Cited by13 opinions
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Gordon v. JohnsonIllinois Supreme Court · 1900
- McIntosh v. SaundersIllinois Supreme Court · 1873
- Walker v. AbtIllinois Supreme Court · 1876
- In re City of Mt. VernonIllinois Supreme Court · 1893
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