50 Mo. 266 | Mo. | 1872
delivered the opinion of the court.
This was ejectment for a lot in the toAvn of Butler, the county seat of Bates county. The plaintiff claimed title by virtue of a deed executed to him by the county seat commissioner of Bates county, Avhich was excluded by the court, and judgment given in favor of the defendant.
The deed operates as the execution of a statutory power, and can convey only such interest as the county had in the lots. Any warranty in the deed would not bind the county, as the commissioner had power only to convey the interest of the county and not to make warranties. I think the deed is a substantial compliance with the statute and ought not to have been rejected.
Let the judgment be reversed and the cause remanded.