Page:North Dakota Reports (vol. 48).pdf/239

 McGee & Goss, for respondent.

“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.

CHRISTIANSON, 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 was duly recorded in the office of the register of deeds of said Williams county on November 9, 1907. On that same day an abstract of title to said premises was made by the Williston Abstract & Guaranty Company, which said abstract was continued and a new certificate attached thereto on De- cember 9, 1910, by the Westergaard-Blair Company. On December Io, 1910, the county of Williams was divided, and the new county of Divide created out of territoriy which formerly formed a part of said Williams county. As a result 120 acres of the 160-acre tract above referred to became a part of Divide county, and 40 acres thereof remained within and a part of Williams county. In April, 1914, said M. E. Wilson & Co. commenced proceedings in Divide county to foreclose the said mortgage by advertisement as against the 120 acres located in that county, with the result that sale was held on June 13, 1914, the premises bid in by said M. E. Wilson & Co., and certificate of sale issued to it. On May 26, 1915, said M. E. Wilson & Co., assigned such sheriff’s certificate of sale to one Norman Lunde, to whom sheriff’s deed was issued on July 20, 1915. The various instruments incident to these proceedings and transactions were duly recorded in the office of the register of deeds of said Divide county. Said Lunde sold the premises to the plaintiff, Morin, and conveyed them to him by quit-claim deed on July 24, 1915. Before purchasing the premises said Morin employed the defendant abstract company to continue the abstract, which had been prepared by the Williston Abstract