Boggs v. Caldwell County
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. At the May term of 1857, of the Caldwell comity court Wilbur E. Boggs presented for allowance against the county an account for three hundred and ninety-six dollars and ten cents for making an index to the record of deeds. The account was “ disallowed.” At the March term, 1858, he asked and obtained leave to introduce testimony touching the same account. The court having heard the testimony adhered to its former decision.
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Appeal from Caldwell Circuit Court. At the May term of 1857, of the Caldwell comity court Wilbur E. Boggs presented for allowance against the county an account for three hundred and ninety-six dollars and ten cents for making an index to the record of deeds. The account was “ disallowed.” At the March term, 1858, he asked and obtained leave to introduce testimony touching the same account. The court having heard the testimony adhered to its former decision. An appeal was prayed and granted to the circuit court. At the trial the plaintiff proved by a witness that the court directed the index…
1Opinion of the CourtNapton, Judge
There can be no reasonable doubt, we think, that the county courts have the. power to order an index to be made to the books of recorded deeds, and to allow a reasonable compensation for the work out of the county funds. Although it is the duty of the recorders to keep up their indexes without any compensation from the county, and their compensation is provided by law to come from the persons having their deeds recorded, yet in the course of time it may happen that these books become unfit for use and have to be renewed. The county court is specially entrusted with the duty of seeing to tlie…
2Cited by14 opinions
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