McDonald v. Starkey
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding. This was a suit in equity instituted by John Cox and Jesse Starkey, who sue for themselves and others, in the Madison Circuit Court, against Bichard McDonald and James C. Martin.
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Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding. This was a suit in equity instituted by John Cox and Jesse Starkey, who sue for themselves and others, in the Madison Circuit Court, against Bichard McDonald and James C. Martin. The bill alleges that Joel H. Starkey, in 1847, leased a lot of land for the term of ninety-nine years to Jesse Starkey, John Cox and Joel H. Starkey, as trustees, for the purpose of establishing a permanent school; that it was the instruction of the lessor that it should be used for a day school through the week, and on…
1Opinion of the CourtChief Justice Walker
The lease in this case, under which the school directors claim this property for school purposes, was executed by Joel IT. Starkey, on the 9th day of February, 1847, to Jesse Starkey, for the term of ninety-nine years. The lease demises the premises in these words: “ For and in consideration of the many advantages to a neighborhood of a permanent school, I have leased unto Jesse Starkey, JoelTJ. Starkey, and John Cox, present trustees of the Bethel school, and to their successors after them, legally chosen according to law, for the purpose aforesaid,” the premises in controversy, “ for the…
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