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Haner v. Bruce

Vermont Supreme Court

499 A.2d 792 (1985)

Relevant factsFree

Haner (plaintiff) filed a writ of attachment against Bruce (defendant) with the city clerk, who recorded it in the attachment ledger but failed to also index it in the general land records index as Vermont law required. Bruce later sold land to the Fosgates (defendants), whose title search — which did not uncover the mis-indexed attachment — came up clean. Years later, after Haner obtained and recorded a final judgment against Bruce in the attachment suit, the Fosgates learned of the attachment. The trial court dismissed Haner's claim against the Fosgates as bona fide purchasers without notice, and Haner appealed.

IssueFree

Whether a purchaser and title searcher bears the risk of loss resulting from an indexing error made by a city clerk while recording an instrument.

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