Texas Attorney General Opinion: V-717 Page: 4 of 6
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Hea. Howard Traweek - Page 4
"(Description of land as in Order No.
1434)."
Article 1577, Vernon's Civil Statutes, author-
izing the sale of any real estate of a county provides
as follows:
"The commissioners court may, -by an
order to be entered on its minutes, appoint
a commissioner to sell and dispose of any
real estate of the county at public auction.
The deed of such commissioner, made in con-
formity to such order for and in behalf of
the county, duly acknowledged and proven
and recorded shall be sufficient to convey
to the purchasers all the right, title and
interest and estate which the county may
have in and to the premises to be conveyed.
Nothing contained in this article shall au-
thorize any commissioners court to dispose
of any lands given, donated or granted to
such county for the purpose of education in
any other manner than shall be directed by
law ."
It seems well settled in this State that the
sale of county owned land must be at public auction and
in the manner set out in Art. 1577, V. C. S. See the
fellewing authorities:
Ferguson v. Halsell, 47 Tex. 421
Llane County v. Johnson, 29 S. W. 56
Llano County v. Knowles, 29 S. W. 549
Hardin County v. Nona Mills Co., 112
S. w. 822
Spencer v. Levy, 173 S. W. 550
This does not mean, however, that the commis-
sioners are without authority to confirm or reject a sale
made at public auction for as pointed out in Attorney
General's Opinion No. 2849, dated April 29, 1931, the Com-
missioners' Court still retains general control over the
sales including the power to reject any sale made by the
appointed commissioner at auction and the prospective pur-
chasers should be put on notice that all bids are subject
to the approval of the Commissioners' Court. We quote
the following from Attorney General's Opinion No. 2849:(V-717)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-717, text, November 13, 1948; (https://texashistory.unt.edu/ark:/67531/metapth265536/m1/4/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.