Opinion letter to the Honorable James L. Paul

October 14, 1971 Honorable James L. Paul Prosecuting Attorney McDonald County Pineville, Missouri 6~856 Dear Mr. Paul: OPINION LETTER No. 28 Answer by Letter - Park F l L E 0 ~p This letter is written in response to your request for an opinion concerning refund of fees erroneously collected by t he county recorder of deeds in connection with recording of deeds of trust. There is no statute which expressly authorizes the refund of fees erroneously collected by recorders of deeds and we are not aware of any procedure which may be used to accomplish this . Under these circumstances the fees in question cannot be refunded. It is fundamental that no officer in t his state can pay out the money of the state except pursuant to statutory authority autho- rizing and warranting such payment . See State ex rel. Bybee v. Hackmann, 276 Mo. 110~ 116 (1918); Walker v. Linn County, 72 Mo. 650 (1880); State ex rel . Kresge Co. v. Howard, 208 . S.W.2d 2~7 (19~7). Very truly yours, JOliN C. DANFORTH Attorney General