Morin v. Divide County Abstract Co.
North Dakota Supreme Court
From a judgment of the District Court of Divide County, Leighton, J., defendant appeals. “As abstracts of title should show every instrument effecting the title which is a matter of record, and if an abstracter fails to show certain instruments that cast a cloud upon the title and the person who procures such abstract is damaged thereby, the Abstract Company is liable.”. Security Abstract Co, v. Longacre, 76 N. W. 1073.
1Opinion of the CourtChristianson, J.
This is an action against an abstracter to recover damages for negligence in making and certifying an abstract of title. The case was tried to the court without a jury, and resulted in a judgment in favor of the plaintiff. Defendant has appealed from the judgment.
The material facts are as follows: In October, 1907, one Lars J. Sloviken obtained title from the United States to a quarter section of land in Williams county, in this state. On October 29, 1907, said Sloviken executed and delivered to M. E. Wilson & Co. a second mortgage on said premises to secure the sum of $63.75. Such mortgage…
2Cited by2 opinions
- DuPratt v. BLACK HILLS LAND AND ABSTRACT COMPANYSouth Dakota Supreme Court · 1966
- Commercial Bank v. Adams County Abstract Co.North Dakota Supreme Court · 1945