Cosden v. Board of Ed. of City of Tulsa
| Decision Date | 12 September 1916 |
| Docket Number | 8401. |
| Citation | 159 P. 1108,60 Okla. 214,1916 OK 783 |
| Parties | COSDEN v. BOARD OF EDUCATION OF CITY OF TULSA. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
By virtue of section 3, art. 6, of chapter 219 of the Session Laws of 1913, the board of education of cities of the first class in this state possess the power and authority to sell and convey real estate, and said board may exercise this power without the necessity of making any finding of the reason or necessity which induces the exercise of its discretion.
Commissioners' Opinion, Division No. 3. Error from District Court, Tulsa County; Conn Linn, Judge.
Action between the Board of Education of the City of Tulsa and J. S Cosden. There was a judgment for the former, and the latter brings error. Affirmed.
E. R Perry, J. W. Woodford, and Poe, Hindman & Lundy, all of Tulsa, for plaintiff in error.
Rice & Lyons, of Tulsa, for defendant in error.
From the agreed statement of facts upon which this case was tried in the lower court it appears: That the board of education of the city of Tulsa sold the real estate involved here to one J. S. Cosden on May 6, 1916, he being the highest bidder, for the sum of $50,000, and that the said board at a meeting called for that purpose authorized the conveyance of said real estate to the purchaser, and thereafter tendered to him a warranty deed therefor. The said sale was made pursuant to a notice published for 5 days next before the day of sale in a daily paper. That the purchaser of said property paid a part of the purchase price and refused to pay the rest fearing that the board of education of said city did not possess the authority to sell and convey said real estate to him, and in order to determine the right and authority of the board to sell and convey said real estate, this case is presented to this court.
The general law is that the right to sell, lease, or otherwise dispose of public school land depends upon express constitutional or statutory provisions, and deeds and other conveyances of such land must be construed and determined with reference to the statutory provisions on the subject. In order, therefore, to determine the power of the board of education of the city of Tulsa with reference to the sale of its real estate, we must examine the Constitution of the state and the acts of the Legislature subsequent thereto to find, if we can, any grant of power conferred upon the board by either the Constitution or the Legislature, or if there is any limitation upon the right of the board of education to deal with its property of this character as its judgment deems proper and wise.
By reference to the Session Laws of 1913, we find that the Legislature attempted to enact a general school law applicable to all the schools of the state which was intended to, and which, did, supersede and repeal all conflicting laws.
By reference to article 6 of chapter 219 of the Session Laws of 1913, we find that:
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