Denton v. Nashville Title Co.
Tennessee Supreme Court
FROM DAVIDSON. Appeal from the Chancery Court of Davidson County. — John Allison, Chancellor. Statement by MR. Justice Neil : This action was brought in the chancery court of Davidson county to collect of the defendant $800 as damages for failure to furnish a correct abstract of title of certain real estate in Davidson county which the complainant purchased of one Campbell.
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FROM DAVIDSON. Appeal from the Chancery Court of Davidson County. — John Allison, Chancellor. Statement by MR. Justice Neil : This action was brought in the chancery court of Davidson county to collect of the defendant $800 as damages for failure to furnish a correct abstract of title of certain real estate in Davidson county which the complainant purchased of one Campbell. Complainant and Nelson Campbell were negotiating-an exchange of certain properties, and the complainant asked for and required that he be furnished an abstract of title of the property involved in the present case, known…
1Opinion of the CourtJustice Neil
It is clear that the defendant was guilty of a breach of duty in failing to note the existence of the judgment of June 8, 1898, inasmuch as the appeal did not destroy the lien, but only suspended it (Shannon’s Code, section 4711) ; and, being the immediate purchaser of the land from the person to whom the abstract was issued, and the defendant knowing that it was procured to be used in making sale of the property, the complainant was entitled to the benefit of it, and could sue for a material defect therein causing injury. Dickle v. Abstract Co., 89 Tenn., 431, 14 S. W., 896, 24 Am. St. Rep.,…
2Cases cited1 opinion
- Dickle v. Abstract Co.Tennessee Supreme Court · 1890
3Cited by18 opinions
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- John Martin Co. v. Morse/Diesel, Inc.Tennessee Supreme Court · 1991
- Tartera v. PalumboTennessee Supreme Court · 1970
- Chun v. ParkHawaii Supreme Court · 1969
- Equitable Building & Loan Ass'n v. Bank of Commerce & Trust Co.Tennessee Supreme Court · 1907
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