F. Faye Bessey Et Al. v. Board Educational

In this prophetic sequel to State ex rel. Belker v. Board of Educational Lands & Funds, 184 Neb. 621, 171 N.W.2d 156,
on rehearing, 185 Neb. 270, 175 N.W.2d 63, we are now asked by the State to exercise a supervisory trust jurisdiction over
the school lands trust to set aside a successful bid and order a new sale of school lands sold under the new statute directing
their mandatory sale. The statute, section 72-258, R. S. Supp., 1967, now adamantly and unequivocally held constitutional by the controlling minority
opinion of the court, says in pertinent part as follows: "Such land shall be sold, at public auction, by a representative
of the Board of Educational Lands and Funds or by the county treasurer of the county in which the land is located, to the
highest bidder." (Emphasis supplied.) Following this is the lone and only provision authorizing the board to resell the property
which is only in case of the highest bidder's failure to pay the balance of the purchase price.