Trustees of Schools of Town. 23 N. v. Allen
Illinois Supreme Court
It is alleged in the bill filed in this behalf, that sometime about the 28th day of September, 1850, the school commissioner of McLean county, illegally sold to William H. Allen and James Allen, Jr. That this sale was illegal and void, because the prerequisites of the law had not been complied with; that the said Allens had received a patent from the governor; but as the sale to them was illegal and void, they hold the legal title in trust for the inhabitants of the…
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It is alleged in the bill filed in this behalf, that sometime about the 28th day of September, 1850, the school commissioner of McLean county, illegally sold to William H. Allen and James Allen, Jr. That this sale was illegal and void, because the prerequisites of the law had not been complied with; that the said Allens had received a patent from the governor; but as the sale to them was illegal and void, they hold the legal title in trust for the inhabitants of the township; and prays for a decree. The defendants filed their answer, and deny the allegations of the bill. Upon which the…
1Opinion of the CourtBreese, J.
The grounds for the relief prayed by complainants are not established by any testimony they have adduced, nor does it cast upon the case the slightest shadow of fraud on the part of the defendants, or others concerned in the sale of the land.
It is urged that the prerequisites of the act authorizing a sale of school lands have not been complied with, in this, that the school commissioner kept no record of the sale.
The 11th section of the act of 1847, under which the sale in question was made, (Laws of 1847, p. 121,) required the school commissioner to keep four separate books, in one of which…
2Cited by2 opinions
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