Norton v. Kumpe
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speaks. Action on official bond. ■ The complaint alleges that J. 0. Kumpe was at the time judge of probate of Lawrence county, when the act of the legislature of February the 28th, 1897, was passed requiring the judge of probate of said county “To prepare and keep a general, direct and reverse index of the records of his office of all deeds and mortgages of land or any estate or interest therein.”
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speaks. Action on official bond. ■ The complaint alleges that J. 0. Kumpe was at the time judge of probate of Lawrence county, when the act of the legislature of February the 28th, 1897, was passed requiring the judge of probate of said county “To prepare and keep a general, direct and reverse index of the records of his office of all deeds and mortgages of land or any estate or interest therein.” That Nellie Dickson and her husband, Barton Dickson, executed a mortgage to J. B. Moore, and afterwards sold and conveyed the…
1Opinion of the CourtSi-Iarpe, J.
— By the. act of February 28th, 1887, (Acts 1886-7 p. -661) probate judges of each of certain counties including Lawrence were required “to prepare and keep a general direct and reversed index of the records’in his office of all deeds and mortgages of lands or any estate or interest therein.” A ministerial duty was thus enjoined upon the probate judge as the recording officer in which all persons affected by the notice imparted by registration and all having occasion' to use the index in the examination of the records have a direct interest. ■
It is a principle of general application that for…
2Cases cited6 opinions
- County Commissioners v. DuckettCourt of Appeals of Maryland · 1864
- Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Mutual Life Ins. Co. of New York v. . DakeNew York Court of Appeals · 1881
- Clark v. . MillerNew York Court of Appeals · 1874
- Pryor v. BeckSupreme Court of Alabama · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cassells' Mill v. Strater Bros. Grain Co.Supreme Court of Alabama · 1909
- Hughes v. Board of Com'rs of Oklahoma CountySupreme Court of Oklahoma · 1915
- Heimberger v. Elliot Frog & Switch Co.Illinois Supreme Court · 1910
- Jones v. BuckelewSupreme Court of Alabama · 1946
- Vansant v. CommonwealthCourt of Appeals of Kentucky · 1920
5 more not listed; retrieve them via the Exa API.