Marley v. McCarthy

This is an action to recover damages against an abstracter and his bondsmen jointly for damages which the plaintiff claims he sustained because of the negligence of the abstracter in extending two abstracts covering the title to the land upon which the plaintiff purchased a $5,000 mortgage.

The plaintiff alleges that he was appointed trustee under the will of Rebekah S. Manderson, deceased, which estate is being probated in Douglas county, Nebraska; that one of his duties as the trustee of such estate was to invest certain funds in his hands as trustee, and that in December, 1929, he entered…