OAG 40-98.

• Case Date: November 22, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-98. 108OPINION NO. 40-98[20 Or. Op. Atty. Gen. 108]County court has authority to cancel deed issued by sheriff on foreclosure of taxes where through mistake land was sold for $29, upon which minimum price of $350 had been set by the court. County not bound by unauthorized act of sheriff. No implied authority in public officers whose duties are prescribed by statute.November 22, 1940.Hon. Boyd R. Overhulse,District Attorney, Jefferson County. Dear Sir: Under date of November 14, 1940, you state:

"The county court of Jefferson county, recently ordered the sheriff to advertise and sell a large number of parcels of real estate which had been foreclosed for delinquent taxes. The court orally requested the sheriff to fix as the minimum price, on each parcel, the amount for which it had been foreclosed and to then attach a copy of his list to the court's order to the sheriff. The court order to the sheriff read in part, 'See attached sheet for minimum price and terms.'

"The sheriff made an error on one parcel, fixing the minimum price at $29, when it should have been $350. The property is worth about $300. The land was bid in at sheriff's sale for $29, and a deed was subsequently issued by the court to the purchaser. Purchaser was ignorant of the fact that a mistake had been made, so far as is known."

You request my opinion whether or not a county may seek cancellation of the deed on the ground of unilateral mistake, or on the ground that it is not responsible for the errors of its officers. Section 3 of chapter 402, Oregon Laws, 1937, provides:

"Whenever any county court or board of county commissioners shall deem it to be for the best interests of the county to sell any real property hereafter or heretofore acquired by such county by foreclosure of delinquent tax liens or otherwise as provided in this act, or any interest therein less than the whole fee, it shall enter an order upon its records directing the sheriff to sell the same, fixing the minimum price for which each interest, parcel or group of parcels may be sold and the conditions and terms of sale, which order may be amended from time to time or revoked as such court or board of commissioners may deem expedient.

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Said section further provides that it shall be the duty of the sheriff, upon receipt of such order, to publish a notice of the sale of such property, which notice shall state the time and place of sale, the description of the property or interests therein to be sold, the minimum...