Bank of Waynesboro v. Graham

Eberhardt, Judge.

The recording of the appraisers’ return is not essential to the validity of a year’s support. “It was the duty of the ordinary to record the return . . . [at the end of the statutory period.] The mere fact that he failed to perform this clerical work certainly could not divest the minor’s title. As to him, the matter stands as if the ordinary had done what he ought to have done. To hold otherwise would result in manifest injustice, and occasion injury to an innocent party because of official negligence which it was neither his duty, nor within his power, to prevent.” Roberts…