Should it appear to the court that the lease under which the complainant holds or
claims title was illegally made and void, then the court may proceed to have an account
stated of the amount of money, principal and interest which has actually been paid
in consideration for such lease by the complainant and those under whom he may claim,
and an account of the rents, issues and profits arising from said land, less the cost
of any necessary, permanent, valuable, and not ornamental improvements made upon said
land, and may decree any excess of money paid and interest and cost of improvements
over the rent, issues, and profits to complainants. Such decree shall be a lien upon the rents, issues and profits accrued or to accrue
from the particular sixteenth section involved in such suit until the same is fully
paid and satisfied. Upon the rendition of such decree, the secretary of the board of education shall
issue a warrant for the amount decreed to be paid to the complainant against the funds
of such sixteenth section, and the same shall be paid out of the first available money
to the credit of such funds. Any excess in the amount of the rents, issues and profits, after deducting the cost
of improvements and amount paid by complainant, shall be decreed against him, together
with a writ of possession in favor of the defendant. All court costs in suits brought shall be paid by the party or parties seeking relief
under the provisions hereof.
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