Fretwell v. Pearman

(dissenting) : This is an action against Pearman, a former Clerk of Court in Anderson County, and the American Surety Company, surety upon his official bond, for damages in the sum of $3,604.27 with interest from January 5, 1925, on account of a loss sustained by the plaintiff, as alleged, by reason of the failure of the Clerk to properly index a certain mortgage which was of force at the time the plaintiff purchased the land upon which it was a lien. The mortgage had been duly lodged with the Clerk for record and had been recorded in full in the mortgage books, but, as alleged by the…