Section 19-3-68. Application for order compelling recordation; effect of application; liability of trustee refusing to record

   (a) If the trustee or the spouse having possession of a marriage contract or settlement fails or refuses to have the same recorded, the other spouse or any person acting on behalf of the spouse may apply to the judge of the superior court at any time for an order compelling its recordation. The application of the spouse or other person, when entered on the minutes of the superior court, shall be a notice equivalent to the record of the marriage contract or trust deed.

(b) A trustee refusing after demand to record a marriage contract or settlement shall be personally liable to his beneficiary for all damages sustained by reason of his failure to record.

Orig. Code 1863, § 1728; Code 1868, § 1769; Code 1873, § 1779; Code 1882, § 1779; Civil Code 1895, § 2484; Civil Code 1910, § 3003; Code 1933, § 53-409.