Legal Opinion · Dissent

Bessey v. Board of Educational Lands and Funds

Nebraska Supreme Court

Decided July 24, 1970No. 37445Published

1DissentBoslaugh, J.

The Legislature authorized and directed the Board of Educational Lands and Funds to sell the school lands. It did not authorize the board to give them away.

The issue is quite simple. The question is whether a trustee should be compelled to sell an asset of the trust for less than its full value.

It is the duty of the board to obtain the highest price possible for the land. State ex rel. Reed v. Scott, 18 Neb. 597, 26 N. W. 386; State ex rel. Ebke v. Board of Educational Lands & Funds, 154 Neb. 244, 47 N. W. 2d 520. The purpose of the appraisal for sale purposes is to insure that the full value…

2Cases cited5 opinions

  1. State Ex Rel. Ebke v. Board of Educational Lands & FundsNebraska Supreme Court · 1951
  2. State ex rel. Belker v. Board of Educational Lands & FundsNebraska Supreme Court · 1969
  3. Whitlow v. Board of EducationSupreme Court of Kansas · 1921
  4. State Ex Rel. Belker v. Board of Educational Lands & FundsNebraska Supreme Court · 1970
  5. State ex rel. Reed v. ScottNebraska Supreme Court · 1886

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