Gate City Abstract Co. v. Post
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Ferguson, J. Action by Bernard H. Post against G-ate City Abstract Company and the sureties on its bond, William Coburn, E. W. Taylor, R.' E. Gaylord, Cadet Taylor, Henry O. Dev-ries, J. B. West, and S. K. Spaulding, to recover the amount paid by plaintiff to satisfy a judgment which was a lien on land purchased by him in reliance upon abstracter’s certificate that the land was free from incum-brance.
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Error from the district court of Douglas county. Tried below before Ferguson, J. Action by Bernard H. Post against G-ate City Abstract Company and the sureties on its bond, William Coburn, E. W. Taylor, R.' E. Gaylord, Cadet Taylor, Henry O. Dev-ries, J. B. West, and S. K. Spaulding, to recover the amount paid by plaintiff to satisfy a judgment which was a lien on land purchased by him in reliance upon abstracter’s certificate that the land was free from incum-brance. From a judgment against defendants they prosecute a proceeding in error. The abstracter never had any contract relations with…
1Opinion of the CourtSullivan, J.
This was an action on an abstracter’s bond given by tbe first named defendant pursuant to the provisions of section 65, chapter 73, Compiled Statutes 1897. The abstract in question was furnished to Michael Fleck, who relied on it in purchasing of Joseph Cammenzind certain real estate situated in Douglas county. The abstracter’s certificate, among other things, recited that, “We have examined the records of the district court of Douglas county, Nebraska, and that there are no unsatisfied judgments nor suits pending in said court against Joseph Cammenzind that are liens on said land, prior to…
2Cases cited7 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Schade v. GehnerSupreme Court of Missouri · 1896
- Thomas v. CarsonNebraska Supreme Court · 1896
- Zweigardt v. BirdseyeMissouri Court of Appeals · 1894
- Talpey v. WrightSupreme Court of Arkansas · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Williams v. PolgarMichigan Supreme Court · 1974
- 1ST AMERICAN TITLE INS. v. 1st Title Serv. Co.Supreme Court of Florida · 1984
- State v. HessNebraska Supreme Court · 2001
- Merrill v. Fremont Abstract Co.Idaho Supreme Court · 1924
- Goldberg v. Sisseton Loan & Title Co.South Dakota Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.