People ex rel. Richberg v. Trustees of Schools

Citations

• 86 Ill. 613

Syllabus

<p>1. Maotdamus—relator must show a clear right. The party seeking a writ of mandamus must show a clear right to it in his petition. If the proceeding is to enforce an apportionment and division of the school fund of a township after the division of the township, the relator must show some vested right in the fund.</p> <p>2. School iron. — apportionment on division of a township. By an act of the General Assembly the western limits of the city of Chicago were extended, west so as to take in about two ranges of sections in an adjoining township, leaving a greater portion of the township as it was previously, and containing section 16. Upon an application for a mandamus to compel an apportionment ‘between the city and the remaining portion of the township of the rents, profits, and interests arising from the 16th section, to be applied to school purposes, it was held,, the division .of the township in the manner indicated, leaving the 16th section in the western division and comprising the greater part of the township, did, ipso facto, grant to that portion of the township section 16, and ■the rents, issues, and profits thereof, to be administered by the trustees of schools of that township for their own uses and purposes.</p> <p>3. Where a township is divided, the remaining part will retain all its property, real and personal, unless a different disposition has been made by the terms of the division.</p>