Ferguson v. Halsell

Citations

• 47 Tex. 421

Syllabus

<p>1. Power, of County Court to sell land—Statute.—Paschal’s Dig., art. 1052, provides : “The Comity Court may, by an order to be entered on the minutes o£ the said court, appoint a commissioner to sell and dispose of any real estate of the county at public auction.\\ Ac. Although this statute is permissive in its terms, yet it is the only mode expressly pointed out in the general laws of the State by which tiie County Court can divest the county of its title to real estate.</p> <p>2. Same.—The County Court being the agent of the county, must conform to the mode prescribed for its action in the exercise of the powers confided to it.</p> <p>3. Same—Sale by County Court held illegal.—Therefore a sale of real estate made otherwise, would confer no title. A deed executed to a party to satisfy a claim against the county, by the district clerk, by order of the County Court, would not pass title to such land.</p>