McCord v. Pike

Citations

• 121 Ill. 288
• 12 N.E. 259

Syllabus

<p>1. Parties—right of tax-payer to interpose to prevent the wasting of public property or misappropriation of public funds. If an unjust and illegal burden is attempted to be imposed on the tax-payers by county authorities, or the money or property of the county, to replace which taxes must be levied, is being wasted or squandered, any tax-payer will have such a direct interest as will authorize him to maintain a bill to enjoin the threatened burden or illegal act. - There is nothing in Chicago v. Union Building Association, 102 111. 379, contrary to this rule.</p> <p>2. Counties —mode of conveying real estate—powers and duties of the county authorities in respect to the disposition of public proper ty. A county board, under the statute, may authorize any officer or member to execute and deliver all deeds, etc., necessary in selling real estate belonging to the county; and such deeds, if made without fraud or collusion, will be binding upon the county.</p> <p>3. If a county board attempts to sell and convey real estate of the county for less than its value, or to accept an offer of one to purchase the same at a sum less than another offer, or less than they know can be had, such board will be guilty of a breach of trust and of a fraud, and may be enjoined from the making and delivery of the deed, at the suit of a resident tax-payer.</p> <p>4. A county board directed one of its committees to offer certain real estate of the county for sale at the best price attainable, not less than $55,000, which had been offered. A bid $50,000, and B $51,000, and O $55,000, the latter failing to accompany his bid with a check for a part of the price, but did so before the matter was closed by the board, which accepted B’s bid: Held, that a court of equity would enjoin the delivery of any deed to B on his bid, at the suit of a tax-payer.</p> <p>5. A county board has no right to give away any property or money of the county, or to dispose of its property for a sum less than its know