SECTION 102. Defendants in action to recover from fund

If such action of contract is brought to recover for loss or damage or for deprivation of land or of any estate or interest therein arising wholly through fraud, negligence, omission, mistake or misfeasance of the recorder, assistant recorder or of any of the examiners of title, in the performance of executive or ministerial duties, or of any of the assistants or clerks of the recorder, in the performance of their respective duties, the action shall be brought against the state treasurer as sole defendant. If such action is brought to recover for loss or damage or deprivation of land or of any estate or interest therein arising wholly through fraud, negligence, omission, mistake or misfeasance of some person other than the recorder, assistant recorder or the other officers and assistants above named, or arising jointly through the fraud, negligence, omission, mistake or misfeasance of such other person and the recorder, assistant recorder or other officers and assistants above named, such action shall be brought against both the state treasurer and such other person, as joint defendants.