Wooters v. Hall

Citations

• 61 Tex. 15
• 1884 Tex. LEXIS 36

Syllabus

<p>1. Presumption of a power.— Though the statute provided that the sale of real estate belonging to a county should be made by public auction by some commissioner appointed for that purpose (Pasch. Dig., 1058), yeta grantor donating land to a county could, in the instrument creating the right, impose conditions for its disposition by county officers in some other manner; and where the conveyances of such land thus granted by an individual to a county were made for portions thereof for a period of over forty years by the chief justices and county commissioners of the county, and the records had been burned, leaving no evidence of the character or terms of the original grant to the county, the presumption will be indulged that these officers acted in pursuance of the powers contained in the grant to the county.</p>