Equitable Building & Loan Ass'n v. Bank of Commerce & Trust Co.
Tennessee Supreme Court
FROM SHELBY. Appeal from the Chancery Court of Shelby County.— F. H. Heiskell, Chancellor. Mu. Justice Neil made the following statement of facts: This suit was brought to recover the sum of $1,891.21 and interest thereon, alleged to have been lost by reason of a defect in an abstract of title issued by the Buck Abstract Company, the property of which, was acquired by the Memphis Abstract Company; the Bank of Commerce & Trust Company conceding its liability for the debts of…
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FROM SHELBY. Appeal from the Chancery Court of Shelby County.— F. H. Heiskell, Chancellor. Mu. Justice Neil made the following statement of facts: This suit was brought to recover the sum of $1,891.21 and interest thereon, alleged to have been lost by reason of a defect in an abstract of title issued by the Buck Abstract Company, the property of which, was acquired by the Memphis Abstract Company; the Bank of Commerce & Trust Company conceding its liability for the debts of the latter. The abstract was obtained and used under the following circumstances: T. J. Fox intermarried with Lizzie…
1Opinion of the CourtJustice Neil
We shall consider the first and second assignments in the reverse order.
1. Although the certificate refers only to the register’s office of Shelby county, and wills are not recorded there, but in the county court clerk’s office, yet, since the body of the abstract refers, for No. 19, to the will book, and purports to state its substance, and this No. 19 was required to make the complement of twenty-three instruments mentioned in the aggregate in the certificate, the contract of the parties must be held to apply to that instrument, and there can be no doubt in fact that it was so intended and…
2Cases cited24 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Moot v. . Business Men's Investment Assn.New York Court of Appeals · 1898
- Heinsen v. LambIllinois Supreme Court · 1886
- Glass v. BennettTennessee Supreme Court · 1891
- Schade v. GehnerSupreme Court of Missouri · 1896
19 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- John Martin Co. v. Morse/Diesel, Inc.Tennessee Supreme Court · 1991
- Tartera v. PalumboTennessee Supreme Court · 1970
- American Indemnity Co. v. Ernst & ErnstCourt of Appeals of Texas · 1937
- Hillock v. Idaho Title & Trust Co.Idaho Supreme Court · 1912
- Phoenix Title & Trust Co. v. Continental Oil Co.Arizona Supreme Court · 1934
19 more not listed; retrieve them via the Exa API.