Frick v. Trustees of Schools

Citations

• 99 Ill. 167
• 1881 Ill. LEXIS 161

Syllabus

<p>1. Estoppel — by acquiescence and acts. A person who acts as secretary and treasurer of the trustees of schools of a township for eleven years, thereby sanctioning the validity of their acts, and who contracts to convey them a parcel of land for a school site, will be estopped from denying the legality of the election of such trustees, although the poll-books of the election may be lost.</p> <p>2. A person who has held office under a board of school trustees for several years, and who has held it out to the public as a legally constituted body, can not avoid his contract with such board by setting up that it had no legal existence.</p> <p>3. School law — election to select school house site. If an election was held in a school district to select a school house site, a party who was present and participated in it, and those claiming under him by deed, will not be allowed to defeat the election by showing that the law was not in ail respects observed, and thus avoid his contract to convey ground upon which to erect a school house.</p> <p>4. Payment — evidence of. A party sold to a school district a lot of ground for a school house, in 1859, for $25, and on an old book which he kept while treasurer of the trustees of schools of that district this entry was found: “ 1860, Feb. 18. By cash paid F. F. (the party) on directors’ order No. 2, $25,” and the proof showed that possession of the lot was taken, and the same occupied since 1859: Held, in the absence of other evidence that the money was paid for something else, it would be presumed that the payment was for the lot.</p>