The county auditor is under no duty‑-that is, cannot be compelled by mandamus‑- to file an instrument not executed in accordance with statutory requirements, including purported copies of validly executed instruments. He may be liable for damage resulting from refusal to file properly executed instruments. He may file any instrument even though defectively executed, without liability, but should warn person filing of the defect.
AGO 1954 NO. 272 > Jun 15 1954