Mallory v. Ferguson
Supreme Court of Kansas
Error from Miami District Court. Action by Fannie E. Mallory against D. M. Ferguson, to recover damages sustained by reason of defendant’s certificate to an abstract of title to land. At the October term, 1889, there was judgment for defendant, and plaintiff brings error.
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Error from Miami District Court. Action by Fannie E. Mallory against D. M. Ferguson, to recover damages sustained by reason of defendant’s certificate to an abstract of title to land. At the October term, 1889, there was judgment for defendant, and plaintiff brings error. All of the material facts appear in the opinion, filed February 11, 1893. Having engaged in the business of examining titles and furnishing abstracts thereof, for which he receives compensation, the defendant in error impliedly represents himself to the public as one competent to conduct it, and that he will at least use…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
This action is brought by the plaintiff to recover from the defendant damages which she claims to have sustained by reason of the defendant having certified on the abstract of title to a certain lot in Paola, as follows :
“I Hereby Certify, That there are no judgments, mechanics’ liens, foreign executions, or suits pending, on the records of this court, against any of the above-named grantors or grantees, affecting the title of the above-described real estate, except as above stated. Dated this 8th day of April, 1885. D. M. Ferguson,
Clerk of…
2Cases cited2 opinions
- United States v. LinnSupreme Court of the United States · 1841
- Ricker v. PowellSupreme Court of the United States · 1879
3Cited by11 opinions
- Equitable Building & Loan Ass'n v. Bank of Commerce & Trust Co.Tennessee Supreme Court · 1907
- Fed. Sec. L. Rep. P 94,491 Koch Industries, Inc. v. Irwin Lyon Vosko, and Arthur Young & Company, a PartnershipCourt of Appeals for the Tenth Circuit · 1974
- Gate City Abstract Co. v. PostNebraska Supreme Court · 1898
- Beckovsky v. Burton Abstract & Title Co.Michigan Supreme Court · 1919
- Arnold v. BarnerSupreme Court of Kansas · 1914
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