Untitled Texas Attorney General Opinion ( 1948 )

January 13, 1948
Hon. Wayne L. Hartman, V-477.
Opi.nlon,No.
County Attorney,
De Wftt County, Re: Legality of the ap-
Cuero, Texas pointment by a Corn-
missioners1'Courtof
one of its~members :
as Commissionertb
sell real'i,state"un-
aer Article 1577,
Rt c. 5,
.DearSlrt
We refer to your letter of December 23, 1947,
In which'you submit the qwstionr
%a~ the Commissioners.Cotitof,?e
Witt County, Texas, appoint one of its own
members as Colmnissioner,without compensa-
tion to sell real estate belonging to said
Co&, under the provisions~ofArticle
1577, Rev. Civ. St. 19&‘5em
Thit A;l'ticle
reads:
"The commlssic&erscourt may, by an
order to be entered on Its minutes, appoint
a conmdssionerto sell aa 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 acknowledgedana’provea.ana
recorded shall be sufficientto convey to
the purchasers all the right, title, and in-
'terestand estate which the county may,have
In and to the premises to be conveyed. Both-
ing contained in this article shall author-
ize any commissionerscourt to dispose of any
lands given, donated or grant~ea to such ooun-
ty for the purpose of education'lnany other
manner than shall be directed by law."
I
.- 1 -#--F
.
Hon. Wayne L. Hartman - Page 2 (V-677)
.
We assume that the real estate in question is
other than county School Lana and must be sold under the
provisions of Article 1577, V. C. S.
In Spencer v. Levy, 173 S. W. 550, writ re-
fused, the Court said:
"We are of the opinion that the deed ex-
ecuted by the Chief Justice of Falls county.to
Frank Barnes, under whom W. M. Reed claimed;
did not convey title to the grantee therein,
for the reason that it does not appear that he
was appointed by the commissioners'court to
sell said ma, nor that such sale was made at
.public,
auction."
The,.s.e ,,y'theCweP 'Je&+" (&,~-(.w ~:-a+]
hela’voia *fti tkid r&asoti'th&t-it
ih'thzit~ka%e'~tia* does-not
appdai-tihat.hewas.appoInted b$'the CommS~sl6n~s~'~wuFt~t6'~
sell the land;ndr"tliat-'such~Sal~ w~~:made‘~t~'pablid~~ari'ction.'
This l.&igu&ge‘c53arly'lndicattisthat'tM Cdiiuty..Jtid&!d
may'be
app0intea %o'mak6 sucKa. sale'i-&a SIfid@.tfieJu&+&'13 .a'tie-
ber of the Conrmissionerst Court it necessarily follows t&t
any other member of the Court may be appointed to perform
such service. However, the person appointedmust serve tith-~
out compensation.
A member of the CommisslonerstCotit.ls
eligible to serve without compensationas Com-
missioner to.sell county land under Article
1577, Ft.C. S., 1925.
: Very truly yours;.
APPROVED: ATTORNRY GEHERAL QF'TEI[AS
ACTIlU
ATTOBBIEPGENERAL
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