Page:North Dakota Reports (vol. 48).pdf/251

 ORLIN L. BURDICK, Appellant, v. FARMERS’ MERCANTILE COMPANY, a corporation, OLE AAKER, TORGER SINNESS and CHARLES W. BUTTZ, Respondents.

(184 N. W. 4.),

Execution—doctrine of caveat emptor applies to assignee of purchaser.

1. The doctrine of caveat emptor applies to the assignee of a purchaser at an execution sale.

Evidence—supreme court takes judicial notice of its determinations alleged in complaint.

2. The Supreme Court may take judicial notice of its determinations alleged in a complaint.

Execution—assignee of sheriff’s certificate of sale not liable for subsequent failure of title.

3. In the absence of an express warranty or fraud the assignee of a sheriff’s certificate upon execution sale of real property is not liable for the failure or partial failure of title thereafter resulting.

Opinion filed June 22, 1921.

Action in District Court, Ramsey county, Burr, J., from an order sustaining a demurrer to the complaint the plaintiff has appealed.

Affirmed.

Serumgard & Conant, for appellant. Clyde Duffy, for respondents.

C. W. Buttz, pro se.

Statement

Bronson, J. The plaintiff has appealed from an order sustaining a demurrer to the complaint, on the grounds that the same does not state a cause of action. The complaint alleges that in 1905 Wm. Burdick, then a minor, 15 years old, received a consignment of nursery stock valued at $217; that the same was worthless, and the customers of Burdick refused