HOll, Ben L. King Countyattorney Burnet County Burn&, Texas
Dear Sir: Opinion lb. O-7265 Re: Title to Deed from Scottish AmeticanMortgageCo. Ltd. to Board of Trusteesof F. & T. Consolldatsd Common'School.District No. 18, Burn& County,Texas,'andrelatedquestion.
We acknowledgeyour letterof June 3, 1946, requestingan opin- ion of this departmenton&he questionsthereinset out, pertinentpcr- tions of vhioh letterwe quote for the purposesof this opinionas followst
"Enclosedherewithis a oertifiedccpy of a' deed frog~theScottishAmericanMortgageCompany, Ltd. to Board of Trusteesof the F & T Consolidat- ed CSD or WlrnetCounty,Texas.
"In this connectionthe #300 consideration shown in the deed was paid at the time the deed was deliver- ed from public free school funds of the granteedis- trict causedthe clauseyou will find at the end of the deed inserted,by whioh it was soughtto fix the title for the benefitof the communityratherthan the school. I. . .
aJ.fterthe dxecut,ionand deliveryof such deed to such districta schoolhouse was oonstrwted thereon with funds barrowadby the districton~its bonds. School +aa maintained,there for ,severalyears, but in 1945, as a result of an electionheld in each district,the F & T ConsdlidatedCSD,was consolidated with the Marble Falls ISD, and beoame a part of a consolidateddistrictknown as the Marble Wlls IndependentSchoolDistrict. Since the ,date,ofthis last oonsolidation no school has been maintainedin the schoolhouseon the land conveyedin the deed, copy of which is enclosed,and it is not in- i:i;r,ded by the schoolauthoritiesto ever~maintain anoth- er schoolthere. The sohoolhouseconstructedon such land was of rook and cannot be removedas a building. Hon. Ben King, Page 2 (O-7266)
"The proper schoolauthoritiesdesire to sell the lot and the buildingtogether. This raisesthe follow- ing questionwhioh I will appreciateyour an8weringfor mar
atUpon consolidationof the F & T ConsolidatedCSD with Marble Falls ISD, and the removal of the school from such premisescweyed in said deed, and the oessati- on of use of same for schoolpurposes,did the title to such lot pass from the schoolauthoritiesinto the last Board of Trusteesof the F & T CcnsolidatedCSD for the use aMbenefit of the community,or is such alausein- effective,and couldthe proper sohcolauthoritiesnow sell such lot and the buildingerectedthereonunder the provisionsof law relatingto sales of school properties?'"
The deed referredto in your letter executedon January11, acknowledgedon January23 and recordedon February2 in the year 1939, in the Countyof Burnet,Burnet, Texas,reads in part as follows:
"The ScottishBmerioanMcrtgageCompany,Limited, . for and in considerationof the sum of Three Hun- &id Dollars(#300.00)to it in hand paid by the Board of Trusteesof F& T ConsolidatedCorm&on SchoolDistrict of Burnet County,Texas, . . . have GRANTED;SOLD and CODVSYEDunto the said Board of Trustees . . . ; and to their successorsin offioe,for schoolpurposes,the followingdescribedland, . . . in said County . . . t "Five and one-half(!&) acres of land, . . e (Described) ,,, "TOMyG&DTOHOLD., . , togetherwith al.1and singular the Aghts and.appurtenances thereuntoin any- wise belonging,unto the said Board of Trusteesof the F & T ConsolidatedCo8xaonSchool M&riot So. 18, . . . and their successorsand assigns,forever,(Generalwar- ranty clause). "It is furthera provisionofthie oonveyanoethat in the event that said lot may ceaseto be used for school