Page:North Dakota Reports (vol. 48).pdf/238

 W. A. MORIN, Respondent, v. THE DIVIDE COUNTY ABSTRACT COMPANY, a corporation, Appellant.

(183 N. W. 1006.)

Abstracts of title—abstracter liable for mistakes.

1. In this state an abstracter is liable for any and all damages proximately caused to any person by reason of any error, deficiency or mistake in any abstract or certificate of title made or issued by him.

Abstracts of title—abstracter must set forth facts relating to title but need not pass thereon.

2. An abstracter is not called on for professional opinions as to any of the matters relating to a title. It is not for him to determine the validity or invalidity of instruments of record. It is his duty to set forth the facts relating to the title as shown by the records.

Abstracts of title—abstracter liable for failure to examine records transcribed from other county.

3. Where an abstracter relies upon his own books, and fails to examine the books of records transcribed from another county and by law given the force and effect of original records in the county where filed, and in so doing overlooks and fails to show on the abstract an instrument shown in such transcribed records, and which instrument affects the title to the land covered by the abstract, he is liable for a breach of his obligations as an abstracter, even though the instrument was not recordable in the county wherein it was originally recorded.

Abstracts of title—damages allowable for negligence in certifying title stated.

4. It is held, under the evidence in this case, that the damages sustained by the plaintiff consists of the moneys paid by him for the land and a certain mortgage, and moneys expended in defending litigation assailing the title, together with interest on such items. But that on such sum the defendant is entitled to credit for certain moneys received by the plaintiff upon such mortgage.

Opinion filed June 11, 1921.

From a judgment of the District Court of Divide County, Leighton, J., defendant appeals.

Modified and affirmed.

John J. Murphy, and John E. Greene, for appellant.