U.S. Wind Engine & Pump Co. v. Linville

• Decision Date: 04 April 1890
• Parties: THE UNITED STATES WIND ENGINE AND PUMP COMPANY v. L. A. LINVILLE, as Clerk of the District Court of Osborne County
• Court: Kansas Supreme Court

23 P. 597

43 Kan. 455

THE UNITED STATES WIND ENGINE AND PUMP COMPANY v. L. A. LINVILLE, as Clerk of the District Court of Osborne County

Supreme Court of Kansas

April 4, 1890

Error from Osborne District Court.

THE case is stated in the opinion. Judgment for defendant Linville, at the February term, 1888. The plaintiff Company brings the case here.

Judgment affirmed.

Robinson & Lawrence, for plaintiff in error.

Hays & Pitts, for defendant in error.

SIMPSON J. All the Justices concurring.

OPINION

SIMPSON, C.:

The plaintiff in error alleges in his amended petition filed in the district court of Osborne county on the fifth day of January, 1888, that the defendant in error is the clerk of the district court of that county; that as such clerk he was the custodian of the records showing mechanics' liens filed on real property in said county; that he was accustomed for hire to make certificates showing the existence or non-existence of liens on real property that persons were desirous of purchasing; that on the 11th day of May, 1887 for a valuable consideration, the defendant in error made and delivered to the plaintiff in error a certificate that there were no mechanics' liens on lots 3 and 4 of block 1 in the second addition of Truman and Davis to the city of Osborne, when in truth and in fact there was a mechanics' and furnishers' lien upon the record in said clerk's office against said lots for the sum of $ 214 and interest, which said lien had been on file in that office since November 29, 1886, against the immediate grantors of the plaintiff in error; that by reason of said false certificate, the plaintiff in error did pay and assume to pay the said sum of $ 214, with interest. Judgment was asked for that amount. Attached to the amended petition as an exhibit and a part thereof, is a copy of the original abstract, from which it appears that the usual recitations as to title were made and certified by one O. A. Truman, an abstracter, with the usual certificates of the county treasurer about tax liens, and the certificate of the defendant in error showing that there were no judgment, mechanics' or other liens against the lots recorded or filed in his office. In that part of the abstract prepared by Truman it is stated that Chase and wife, the immediate grantees of the plaintiff in error, executed a mortgage to the plaintiff in error for the sum of $ 1,400, on the 10th day of May, 1886,...