Case Information
*1 HOll, Ben L. King
County attorney
Burnet County
Burn&, Texas Opinion lb. O-7265
Dear Sir:
Re: Title to Deed from Scottish Ametican Mortgage Co. Ltd. to Board of Trustees of F. & T. Consolldatsd Common' School.District No. 18, Burn& County, Texas, 'and related question.
We acknowledge your letter of June 3, 1946, requesting an opin- ion of this department on&he questions therein set out, pertinent pcr- tions of vhioh letter we quote for the purposes of this opinion as followst
"Enclosed herewith is a oertified ccpy of a' deed frog~the Scottish American Mortgage Company, Ltd. to Board of Trustees of the F & T Consolidat- ed CSD or Wlrnet County, Texas.
"In this connection the #300 consideration shown in the deed was paid at the time the deed was deliver- ed from public free school funds of the grantee dis- trict caused the clause you will find at the end of the deed inserted, by whioh it was sought to fix the title for the benefit of the community rather than the school.
I . . .
aJ.fter the dxecut,ion and delivery of such deed to such district a school house was oonstrwted thereon with funds barrowad by the district on~its bonds. School +aa maintained,there for ,several years, but in 1945, as a result of an election held in each district, the F & T Consdlidated CSD,was consolidated with the Marble Falls ISD, and beoame a part of a consolidated district known as the Marble Wlls Independent School District. Since the ,date,of this last oonsolidation no school has been maintained in the schoolhouse on the land conveyed in the deed, copy of which is enclosed, and it is not in- i:i;r,ded by the school authorities to ever~maintain anoth- er school there. The sohoolhouse constructed on such land was of rook and cannot be removed as a building.
Hon. Ben King, Page 2 (O-7266)
"The proper school authorities desire to sell the lot and the building together. This raises the follow- ing question whioh I will appreciate your an8wering for mar
atUpon consolidation of the F & T Consolidated CSD with Marble Falls ISD, and the removal of the school from such premises cweyed in said deed, and the oessati- on of use of same for school purposes, did the title to such lot pass from the school authorities into the last Board of Trustees of the F & T Ccnsolidated CSD for the use aMbenefit of the community, or is such alause in- effective, and could the proper sohcol authorities now sell such lot and the building erected thereon under the provisions of law relating to sales of school properties?'" The deed referred to in your letter executed on January 11, acknowledged on January 23 and recorded on February 2 in the year 1939, in the County of Burnet, Burnet, Texas, reads in part as follows:
"The Scottish Bmerioan Mcrtgage Company, Limited, . for and in consideration of the sum of Three Hun- &id Dollars (#300.00) to it in hand paid by the Board of Trustees of F& T Consolidated Corm&on School District of Burnet County, Texas, . . . have GRANTED; SOLD and CODVSYED unto the said Board of Trustees . . . ; and to their successors in offioe, for school purposes, the following described land, . . . in said County . . . t
"Five and one-half (!&) acres of land, . . e (Described) ,,, . , together with al.1 and
"TOMyG&DTOHOLD., singular the Aghts and.appurtenances thereunto in any- wise belonging, unto the said Board of Trustees of the F & T Consolidated Co8xaon School M&riot So. 18, . . .
and their successors and assigns, forever, (General war- ranty clause).
"It is further a provision ofthie oonveyanoe that in the event that said lot may cease to be used for school purposes by reason of the removal of the school or for aw other reason, then that the title thereto shall vest in the individuals ocmprising the last Board of Trusteea of the above named sohool district as trustees for the ccm- munity, to be held and administered by them as a trugt, and for the use and benefit of all of the people of the Fairland and Toby ommaunities."
Hon. Een King, Page 3 (O-7265)
We understand thst no bonded indebtedness exists concerning the lot or the school building built thereon and that, therefore, no qua+ tion of assmnption of indebtedness is herein involved.
Under the facts submitted, the land was oonveyed to the Board of Trustees of the F & T Consolidated School District for school purposes, was paid for by said Board with public free school funds of the grantee dis- trict, and subsequenttheret8, a school building was constructed on this land with funds borrowwd by the granteedistrict on its bonds; that in the gear 1945, the.F & T Consolidated Ccnmon School District was acnsc:'idated under Art. 2806, V.A.C.S., with the Marble Falls Independent School uistriot and became legally a part thereof; that since the consolidation no school has been maintained on said land and that presently the~proper soh~ol auth- orities do not intend aver to maintain a school thereon.
It is definitely settled, we believe, that a deed of land to school trustees "for school purpolsssa wher-in the habendun clause was to have and to hold unto the school trustees a8 assignees forever was a convey- ance of a fee simple title, and simply that. Gladewater County Line Inde- pendent School District v. Hughes, 59 S.i% (2d) 361, and the many oases cited therein. The insertion in a deed of land to a school district of the words "for school purposes only " does not restrict the title of the district. T. W. Phillips Gas & Oil Co., v. Linge'-+elter, 5 A.L.R. 1495. The mere ex- pression of a purpose will not debase a title. Wilson v. County School Trustees, 229 S. W. 669, and Gladewater 0888, supra.
Under the line of oases above quoted, the deed in question herein operated to convey a fee simple title in the trustees of the F de T Consolidated Common School Trustees, its sucoesscrs or assigns forever, in trust for the school or schools of the district in which it is situated, provided the clause therein stating in substarrc that in the event the lend ceases to be used for school purposes,then title thereto will vest in the individual designated therein in trust for Fairland and Toby communities, cannot be construed a8 a conditional limitation divesting title, under the facts, out of the school distriot trustees, their suooessors andassigns.
Based on the facts suhnitted in your letter and heroin sunmar- ized, it is shown the F & T Consolidated Coon School Trustees paid for such land with public free school funds and caused the provision to be inserted in the deed by vhioh it was sought to fix the title for the benefit ofthe commun- ity rather than the school district. We are of the opinion that said provi- sion is ineffectual and therefore is inoperative to divest the fee simple title out of the trustees of the school district, their suoess)rs and assigns and into the last named individual trustees of the district as trustees for the community.
It is elementary that the F & T Trustees in causing the inser- tion of such a provision clearly were acting beyond and without the scope of their authority as school trustees. They have no authority to give away school properties. Furthermore, the grantor having conveyed all the title *4 Hon. Ben King, page 4 (O-7265)
it had in said land, legal and equitable, for the consideration paid in hand with school funds, preserving no right of reversion in itself, was without right or power to make, or attempt to make a subsequent condition of defeasance. Our answer, therefore, to the first part of your question is that the title to such lot did not &mss frcmthe school authorities into the last Board of Trustees of the F & T Consolidated Common School District for the use and benefit of the ammunity.
Art. 2806, V.A.C.S., as emended by Acts 1945, 49th Leg., p. 416, Ch. 264 provides in prt as follows:
I . q . Where one or mars independent school dis- tricts are oonsolidated t,gether or with one or more common school districts the consolidated districts shall constitute an independent school district, and shall have all the rights, powers and privileges granted to inde- pendent sohool districts by the lawsof this State.
"If only one independent school district is oonsol- idated with one or more ocmmon school districts, the con- sol dated district shall bear the name of such independent school district, and the board of trustees of said inde- pendent school district shall serve as the board of trus- tees of the consolidated district until the next regular election of trustees, as prescribed by general law, at which time the consolidated district shall elect a board of seven (7) trustees, whose powers, duties, and terms of office shall be in accordance with the provisions of the general laws governing independent school districts, as they now exist or may be thereafter enacted; . . .a It is our understanding that under the provisions of Art. 2806, the F & T Consolidated Common School District consolidated withthe Marble Falls Independent School District and the new district is now known as the Marble.Falls Independent School District. The powers and duties of the Marble Falls Independent School District Board of Trustees, as designated by statute, shall be in accordance with the provisions of the general laws governing independent school districts. The school properties whioh prior to the consolidation were vested in the BDard of Trustees of the F & T Consolidated Common School District in trust for that school district are now vested in the Board of Trustees of the krble Falls Independent School Distriot, the successors in office as designated in the deed, by reason of the consolidation of the district, and in accordance with the provisions of Art. 2772, Vernon's Annotated Civil Statutes.
Art. 2773, Vernon's Annotated Civil Statutes, provides as fol-
. -
Hon. Ben L. King, page 5 (O-7265)
"Art. 2773. Sale of school property.
'Any houses or lands held in trust by a~ city or town for public free sohool purposes may be sold for the purpose of imesting in more convenient and desir- able school property, with the consent of the State Eoard, by the board of trustees of such city or town; and, in such case, the president of the school board shall execute his deed to the purchaser for the same, reciting the resolution of the State Board giving consent thereto and the resolution of the board of trustees authorizing such sale."
Under the facts submitted and for the purpose as set out in Art. 2773, it is the opinion of this department that the proper school authorities of the Marble Falls Independent School District now can sell such lot and the buildings erected thereon under the provisions of the statute relating to the sale of school property.
Trusting that the above satisfadorily answers your inquiry, we remain
Very truly yours ATTORNEY G-2NEWL OFF TEXAS w /s/~ester E. Ollison ~Chester E. Ollis& Assistant APPROTJED JUN 20 1946
/s/ CARLOS asmy FIRST ASSISTANT
ATTOREEY GENE&U
CEO:fb:agw
AWRDVED Opinion t+mmittee By BWB Chairman