Bottorff v. O'Donnell

*607OPINION

In this original proceeding, petitioner seeks a writ of mandate directed to the district court requiring that summary judgment in his favor be granted. See Dzack v. Marshall, 80 Nev. 345, 393 P.2d 610 (1964); NRAP 3A(b)(5).

From the limited record before us, it appears that petitioner and his ex-wife, while married, purchased a home. As part of the subsequent divorce decree, the ex-wife was awarded the house and agreed to assume all the obligations on it. However, no effort was made to change the title.

Subsequently the house was sold. Due to a failure to detect a mortgage on the house,…