Eldridge v. Trustees of Schools

Citations

• 111 Ill. 576

Syllabus

<p>1. Be verting oe title — after use ceases — whether the circumstances will call for the re-investing of the title in a donor. The owner of land donated, verbally, three-fourths of an acre thereof to a school district, for a school site, and built a school house thereon under contract with the directors, and then refused to convey, for the reason he was not paid for his work in the erection of the building, and the lot had not been fenced. Afterward, a settlement was made, by which the district agreed to pay him and to fence the lot, and he agreed, upon performance, to make the district a warranty deed, and the contract was reduced to writing. The district performed the contract and obtained a decree for specific performance, under which he made an unconditional warranty deed, which being lost, he afterward made a quitclaim deed. On <a change of districts, this ground was divided into lots, and sold, and was no longer used for school purposes. Thereupon, the original grantor filed his bill in equity, seeking to cancel his deed and have the title re-invested in him: Held, that he was not entitled to any equitable relief, there being no condition in his deeds or the decree that the land should revert in case of its ceasing to be used for school purposes.</p> <p>2. Consideration — for conveyance of school site. The performance of the written agreement mentioned, by the directors of the school district, would constitute a sufficient consideration to support a warranty deed made to the trustees of schools for the use of the district, by the other party to the agreement.</p> <p>3. Duress — malting a deed in obedience to a decree — estoppel. On bill for specific performance, a decree was entered directing the defendant to convey to the complainant a certain tract of land. A. deed was executed accordingly. Subsequently, upon bill filed by the person so executing the deed, to set it aside and to re-invest himself with the title, it was contended in his behalf that he made