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Caption: Book - History of the University (Powell)
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176 History University of Illinois maintain a common school for that particular neighborhood. I t was intended to be an institution for the benefit of young men throughout the entire State, and they so provided by the charter; but the trust was violated, the fund perverted or squandered, and the purpose of the General Assembly defeated, and the benefits intended to be conferred by a judicious use of the trust fund were lost In this case, the property being stamped with the character of a trust fund, when sold the same character inhered to the money, and when paid for the farm and buildings, it attached and inhered to the farm and structures; and they being trust property, purchased with trust funds donated by the State, which held them for the purposes of the trust, and the corporation having shown themselves incapable or unwilling to execute the trust, the lands, buildings and property should be restored to the State, that it may use them for the purposes of the trust." 3 5 .Upon re-trial of the case April 27, 1878, the Washington county circuit court brought a decree favorable to the state, and directed that the legal title to the lands in question be conveyed to the people of the state of Illinois. Meantime, there were certain liens against the land, as well as a trust deed or mortgage to the sum of two thousand dollars. The attorney general was doubtful if that part of the decree of the circuit court which declared that the title of the state was to be taken subject to the lien of the several judgments were sound, therefore the matter was presented to the legislature in 1879 as to whether further litigation should be carried out. The legislature concluded that it would not be expedient to continue litigation, therefore an act was passed appropriating funds to take care of the trust deed and certain judgment liens, directing the auditor of the state to sell the lands, and to pay the amounts remaining after discharging the encumbrances upon the property into the treasury of the state of Illinois to be applied to such educational purposes as might thereafter be provided by law.36 The lands were valued by three appraisers appointed by the governor and their report showed a total value of $17,800 "Supreme Court Eeports, 85: 518-519,521. "Laws of 1879, p. 31.
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