Decatur Land, Loan & Abstract Co. v. Rutland
Court of Appeals of Texas
Appeal from District Court, Hunt County; A. P. Dolioney, Judge. Suit by L. W. Rutland against the Decatur Land, Loan & Abstract Company and others. From judgment for plaintiff against the defendants, entered after dismissal as to one Shannon, a defendant, the named defendant appeals.
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Appeal from District Court, Hunt County; A. P. Dolioney, Judge. Suit by L. W. Rutland against the Decatur Land, Loan & Abstract Company and others. From judgment for plaintiff against the defendants, entered after dismissal as to one Shannon, a defendant, the named defendant appeals. This was a suit for damages brought by appellee Rutland against appellant, one Shannon, and appellees W. C. Mortimer, T. B. Weathersby, J. T. Browning, and R. L. Browning, in which, after a dismissal as to Shannon, judgment was rendered in Rut-land’s favor against the other parties named for the sum of $2,118.85.…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). It appeared from the testimony that at the time it made and' delivered the abstract to Mortimer and Weathersby appellant did not know it was not for their use alone, but, instead, was for Rutland’s use in determining the condition of the title to the land Mortimer and Weathersby had agreed to sell to him. Appellant insists it therefore appeared it owed no duty to Rut-land to discover and note in the abstract the existence of the trust deed, and hence that the finding of liability on its part to Rutland on the ground of negligence was unauthorized.
[1] If the…
2Cited by5 opinions
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- National Bank of Garland v. GoughCourt of Appeals of Texas · 1917
- Williams v. PolgarMichigan Supreme Court · 1974