Page:Federal Reporter, 1st Series, Volume 6.djvu/456

 e44 FEDERAL REPORTER. �should be contributed. On November 10, 185G, it appears that Dr. Burroughs ascertained that he was not able to com- ply with the conditions of the grant, and accordingly appli- cation was made to Mr. Douglas for the purpose of obtaining an extension of the time, during which certain things were to be done, — for instance, the laying of the foundation of the nniversity, — and accordingly Mr. Douglas then made a memo- randum by which he extended the time for laying the foun- dation of the nniversity until the first day of May, and for expending the first sum of $25,000 until the first day of October, 1857. Ail the other conditions annexed to the grant were to remain in fuU force. This clause terminated the memorandum of agreement which was at that time made : "This extension of time is granted on the condition and with the understanding that the title of said land ehall forever remain in said nniversity, for the purposes expressed in said agreement, and that no part of the same shall be ever sold or alienated, or used for any other purpose whatever." Dr. Burroughs transferred ail interest that he had in this con- tract, and in this memorandum, to the trustees of the Uni- versity of Chicago; and on the thirtieth day of January, 1857, the legislature of this state passed an act incorporating the nniversity, and on August 13, 1858, Mr. Douglas con- veyed the land, which was the subject of the contract between him and Dr. Burroughs, to the board of trustees of the Uni- versity of Chicago absolutely. There was no condition or qualification named in the deed such as is contained in the articles of agreement made between him and Dr. Burroughs. The Chicago University took possession of the property, a building bas been constructed upon it, and the institution bas been carried on with more or less success ever since. �February 8, 1876, the university executed a mortgage or deed of trust to the plaintiff in this case, the Union Mutual Life Insurance Company, to secure the sum of $150,000. These are ail the facts necessary to refer to before mention- ing what has taken place in the courts. �On the eighteenth of February last a bill was filed in the circuit court of Cook county by Mr. Mills, the state's attorney ��� �