Garrett v. Board of Commissioners of Boone County

• Decision Date: 18 December 1883
• Docket Number: 10,763
• Citation: 92 Ind. 518
• Parties: Garrett v. The Board of Commissioners of Boone County
• Court: Indiana Supreme Court

92 Ind. 518

Garrett v. The Board of Commissioners of Boone County

No. 10,763

Supreme Court of Indiana

December 18, 1883

Petition for a Rehearing Overruled Jan. 9, 1884.

From the Boone Circuit Court.

Judgment reversed, at appellee's costs, with instruction to sustain the appellant's motion for a new trial.

C. S Wesner and T. W. Lockhart, for appellant.

W. R Stokes, for appellee.

OPINION

Hammond, J.

The appellant filed before the board of commissioners of Boone county an account for services while recorder of that county, in making two general indexes of deeds and mortgages which had been recorded by his predecessor in office.His account not being allowed, he appealed to the circuit court, where the case was tried by the court.There was a finding for the appellee, and, over the appellant's motion for a new trial, judgment was rendered upon the finding.

The undisputed facts proved at the trial were as follows:

The appellant was recorder of Boone county, by appointment, from June 30th, 1879, to some time in October, 1880, He succeeded William F. Morgan, who died while in office.Morgan made no general index of deeds recorded by him in deed records numbered 25, 26, 27 and 28, nor any general index of mortgages recorded by him in mortgage records numbered 13, 14, 15 and 16, and there was no general index of the deeds or mortgages recorded as aforesaid when the appellant came into office.While the appellant was in office he made general indexes for said deeds and mortgages, being general index of deeds No. 7 and general index of mortgages No. 4.The appellant also made general indexes of all deeds and mortgages recorded by himself while holding the office.

The following sections of acts of the Legislature of 1852 and 1855, being sections of the Revised Statutes of 1881, as below numbered, govern, we think, the case under consideration:

5938."Each recorder in this State is hereby authorized and required, within a reasonable time after the passage of this act, to make out, where the same has not been done, a complete or general index to all the records of deeds for real estate in his office.Such index shall be double, giving the name of each grantor and grantee alphabetically, a concise description of the premises, the date of the deed, together with the number or letter of the book, and the page in which each deed is recorded."

5939."Each recorder is further authorized and required, as aforesaid, to make out a complete or general index to all the records of mortgages upon real estate in his office, in manner and form as prescribed in the foregoing section for deeds, excepting that the headings therein prescribed shall be so changed as to suit mortgages."

5940."After the completion of the indexes contemplated by the last two preceding sections, each recorder shall, from time to time, upon filling a record of deeds or mortgages, include the same in the complete or general indexes as aforesaid."

5941."The board doing county business shall allow the...