Barber v. Trustees of Schools

Citations

• 51 Ill. 396

Syllabus

<p>1. Trespass quake clausum eregut—of the character of possession required. While it is true, that trespass quare clausum only can be maintained for an injury to the possession, yet it is not necessary, to maintain the action, that the possession should be visible and actual, for, unless there be an adverse occupancy, the ownership in fee draws to it the legal possession.</p> <p>2. Parties plaintiff—in am action for trespass upon school lands. Under the act of February 16,1865, the board of trustees of schools in each township are invested, in their corporate capacity, with the legal title to school lands, and such board can alone maintain an action for a trespass committed upon such lands, while not in the occupancy of any other person, although such trustees may not themselves be in the actual occupancy of the premises.</p> <p>3. It may be, if the premises were, at the time the trespass was committed, in actual use and occupancy for school purposes, the school directors, who have the supervision of the schools, might maintain the action.</p> <p>4. Abandonment—what constitutes. The owner of a piece of land conveyed the same to school trustees, for the purpose of erecting thereon a school house. A condition in the deed was, if the property should cease to be used for school purposes, it should revert to the grantor. A school house was erected upon the ground, and a school was kept therein, under the School authorities, for six months in each year, from the time the building was erected, in the fall or winter of 1859, until August, 1866, and in the following month of September the house was occupied by a family, and continued so occupied for the period of one year, but not, as appears from the record, by the permission of the school authorities. JETdd, that the facts did not show such an abandonment of the premises as that they would revert to the grantor and entitle him to re-enter. If the party occupying the school house as a residence, entered under the grantor,