Board of Directors of St. Francis Levee District v. Myers
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; The president of the board of directors is limited strictly to the terms of the act. The exercise by him of any powers not expressly conferred by the act is ultra vires and void. 67 Ark. 413. Since the act only authorizes him, upon presentation of the treasurer’s receipt for the money, to execute a deed, he is not authorized to go further and incorporate a warranty of title.
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Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; The president of the board of directors is limited strictly to the terms of the act. The exercise by him of any powers not expressly conferred by the act is ultra vires and void. 67 Ark. 413. Since the act only authorizes him, upon presentation of the treasurer’s receipt for the money, to execute a deed, he is not authorized to go further and incorporate a warranty of title. The levee district is designated as a quasi public corporation. 59 Ark. 513. But if it were a public corporation, its powers would be limited strictly by the…
1Opinion of the CourtHill, C. J.
The President of the Board of Directors of the St. Francis Levee District sold a tract of land to the appellees upon the following agreement, incorporated in the deed, towit:
“And the said Board of Directors of St. Francis Levee District hereby agrees and covenants to forever warrant and defend the title to the said lands unto the said'grantees, their heirs and assigns, forever against the lawful claims of all persons claiming by, through, or under them, or by reason of insufficiency of title in said Board of Directors at the date hereof, to the extent, however, only of refunding the…
2Cited by1 opinion
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