21 Mo. 233 | Mo. | 1855
delivered the opinion of the court.
1. The idea in which the defence of the plaintiff in error seems to be conceived, cannot be sustained. That idea is, that the execution of a deed for a lot in the town of Carondelet was the execution of a naked power ; and, unless all the circumstances existed that warranted its exercise, the act was void. It is believed that such is not the view to be taken of the act and ordinances under which the authorities of the town proceeded in settling the titles and disposing of her vacant and unoccupied lots.
2. The question as to the validity of the deed, growing out of the form and manner of the execution of it, we consider as settled by the case of Reilly v. Chouquette, to which reference has been already made. The deed in the present suit was executed under the third section of the act of 13th February, 1833. In the case cited, it was under the 4th section of the act, and that section provides that the deed under it shall be executed in the manner and under the restrictions prescribed by the 3d section of the act. Then, if the deeds are alike, as they are in respect to the matter to which objections are made, the deed under the 3d section must be valid.
Ordinance No. 19, approved July 15th, 1833, authorizing the sale of all the vacant and unoccupied town and out-lots of Carondelet, is not preserved in the record of this case ; but as no point was made on its absence, its omission cannot vary the judgment. The cause has been considered as though it was ia it. The judgment is affirmed; the other judges concurring.