The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-02-06
MoRTGAGED sCHooL-FUNDLANDs
Duties of the County Auditors In Selling
Them-Wnat Is Necessary to
Impart Valid Title.

The decision of the Supreme Court declaring
void in many cases the sales of mort gagged school
fund lands, on account of the failure OF the
county auditor to strictly comply with the re-
qnirements of the law, has caused people to hes
itate before buying, and the result has been that
the land all falls to the State The fault all lies
in the carelessness or ignorance of the county
auditors IN the discharge of their duties and the
spirit OF dtstrust which IL has caused among the
people has been quite damaging TO the revenue
interests of the State. The Auditor OF State, Jas
H. Rice, has addressed several questions arts
ing in relation to these sales to Acknowledgement
H"rd, and his reply defining the duties OF the
county auditor in selling mortgaged school
1unt land is a matter of timely interest and i'm
portanee. The questions asked by Mr.. Rice were
as follows:
-. The county auditors in numerous instances,
under section 1898 r. s, 1891 are compelled
to nd for the State lands sold by them
hoII cages 10 the school fund. In reselling snch
JANUS ny the auditor should the sale he at public
or private sae2 q There being some difficulty
IN procuring bidders at the sales made nv
auditors of lands mortgaged to the school fund,
Is there any defect in the title acquired nv such
safes made by the auditor, and can the pnr-
chaser get IA perfect title2 3. Can mortgages
to the school fund he foreclosed in court and the
property sold at "a judicial salef"
In reply to the foregoing inquiries, Attorney
general Hord says:
~. The title to land hid in by the Auditor I'M
der section A, 1893 r. s. ISL vests i'm the State
tsees. 1896, 4397l and il is my opinion that the
Auditor should sell such land at public sale
nrst giving notice thereof as prescribed bv law
''2. The sale ny the auditor of land mnrtgaged
to the school fund will impart a good title to the
purchaser II the statute is strictly followed
90 Ind, 80: II Ind, 141 r 3. 1881, secs. 1891,
4392; 4.39o. 1896. The presum ntiOn prevails
that the officer has fully performed his duty and
pursued The requirements of the statutes in
making such sale. al Ind. 142; ! 6 Ind, 1lG 81
ind., 1929 II is settled rule III this State that
direct compliance with all the substantial pro
visions of the law is necessary in making such
gagor q Ind, q: 16 Ind. ZIG, 121; 81 Ind.
AZ; - Ind, l; AZ int. "a: SO Ind. 513 so
Ind, SIS; "a Minn-. 8sa. % D." wis l7s: R. :
1881, secs 1891. 1902, 1895, 4,39G) Such is
the strictness with which the statute mnst he
pursued that the court has held in the citations
gwen that, when n sale is made for the payment
OF greater sum Of nrincipal. penalty cost than
is actually due, the sale is void. IF the sale is
made on time and not for cash, the sale is valid.
Inc statement of sale must he signed nv the
treasurer and auditor, and failure to sign by
either renders the sale void The entry of the
deed, made by the auditor to the purchaser,
the mi'sioners records, is q condition pre-
eedenl to the delivery OF the auditors deed and
essential To the validity of the title. If the
statute has been strictly followed, the State
qnires perfect title, under section 1893 of R s.
OF 1851 to land bid in nv the auditor. After the
acquisition of the title by the State, the auditor
ia authorized 10 sell the same, and IN making
such sale the statute must he strictly followed,
or the state will not be Invested OF its title, and
none Unmarried 10 the purchaser. t6j Ind, 262-
26S 20 Ind, 43} "a MINI, 332: Of Wis. 49,
80 Cal, 49, % Wis, 476.) The sale of land bud
in for and acquired by. the State. must be
made on time and not for cash tS1,393l, and
sale for cash without apprasement would he
VOID. The county auditor should he viglant and
exact in the performance of his duty, to render
sales, in either case, made nv him valid.
so. There may he foreclosure of a mortgage
gwen to the school fund by proceeding in conrt
and judicial sale Of the ,nortgaged property.
~ Ind. 50; IS Ind, 262; % Ind, 416)
elm some counties. to secure confidence in sales
made under mortgages to the school fund, ana
bidders for the land and prompt payment, fore
closures of such mortgages are secured in c0urt:
but such proceeding is unnecessary II auditors
become prudent, cautions and exact in the per-
fOrmance of their duty"