The plaintiff excepted and assigned error as to conversations had by Mrs. Alice M. Dills with certain members of plaintiff’s board of aldermen. The nature of the evidence indicates admissions on the part of the aldermen that the plaintiff did not claim title to the property in dispute. Exception and assignment of error was also made to the testimony of John Leatherwood, a member of the board of aider-men, who corroborated Mrs. Dills.
From a thorough examination of the record it does not appear that these aldermen had authority to make the admissions.
The principle of law governing such matters is stated in Dillon on Municipal Corporations, Vbl. I (5 ed.), sec. 435, as follows “The acts of the officers of municipal corporations in the line of their official duty, and within the scope of their authority, are binding upon the body they represent; and declarations and admissions accompanying such acts as part of the res gestee, calculated to explain and unfold their character, and not narrative of past transactions, are competent evidence against the corporation. But if the declarations of the officers are not made as a part of the res gestee, or at a time when they are engaged in the performance of their duties, they are not admissible in evidence against the municipality. If the' statements or admissions relate merely to past transactions, they fall within the rule that they are not a part of the res gesta, and are inadmissible.”
For the reasons given there must be a
New trial.