Nineberg v. County of Cook

I must respectfully dissent to the majority opinion. The claim is based on chapter 30, section 138 of Illinois Revised Statutes 1965, which is quoted and which provides that “Any person sustaining loss or damage through any omission, mistake or misfeasance of the registrar,” shall be entitled to recover damages sustained.

The cases in Illinois under this Act are few. Hoffman v. Schroeder, 38 Ill App2d 20, 186 NE2d 381, was a case involving the rights of a mortgagee who accepted a mortgage signed by two persons, one who procured registration of his title by forgery, and the other an imposter…