TCA § 10-7-208 — Penalty for failure to index records

Any clerk, register, or other public officer required by law to keep any record book who willfully violates §§ 10-7-201 — 10-7-207 commits a Class C misdemeanor, and, moreover, such person and such person's official sureties are liable to the injured party for all damage sustained by the injured party, in consequence of such failure, to be recovered before any court of competent jurisdiction. Acts 1871, ch. 85, § 2; Shan., § 5854; Code 1932, § 10056; modified; T.C.A. (orig. ed.), § 15-208; Acts 1989, ch. 591, § 113. Cross-References. Indictable and suable for nonperformance of duties, § 8-13-110 . Penalty for Class C misdemeanor, § 40-35-111 . Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Clerks of Court, § 13; 21 Tenn. Juris., Recording Acts, § 2. NOTES TO DECISIONS 1. Negligent Failure to Index Deed — Liability. 1. Negligent Failure to Index Deed — Liability. The failure of a register of deeds, through mistake of judgment, unattended by such circumstances of gross and inexcusable negligence as implies willfulness, to index a trust deed in the names of both of its makers, does not render him liable on his official bond to the party thereby injured, under Acts 1871, ch. 65, prescribing the duties of registers with regard to indices, and making any register liable on his bond who shall “willfully violate” the statute in this respect. Maxwell v. Stuart, 99 Tenn. 409, 42 S.W. 34, 1897 Tenn. LEXIS 46 (1897).