This was a Civil ActioN, to recover a penalty upon the •official bond of the Register of Deeds, tried before -his Honor, Judge Furches, at the Fall Term, 1875, of Ashe Superior Court. The plaintiff alleged in his complaint, that the defendant Ray is the Register of Deeds in and for the County of Ashe, and that the other defendants are the sureties on his official bond, in the penal sum of five thousand dollars.
Cited by 2 later decisions — most recently January 1896
2 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
This case comes up to this Court upon a demurrer to the complaint. Neither the bond of the Register of Deeds is set out in the complaint or the conditions thereof, so that the Court can see that any breach has been committed or even that the bond required by law has been executed by the defendants.
¶2
Waiving all this, however, and assuming that the usual Register’s bond has been filed by the defendants, we have decided at this term of the Court, in the case of
Holt
v.
McLean, et al.,
the facts of which are almost identical with this, that an action on the bond cannot be maintained. The remedy of the plaintiff is either by indictment or an action for damages against the Register of Deeds individually.
