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MUHLENKORT v. UNION COUNTY LAND TRUST

No. 18494.

530 N.W.2d 658 (1995)

Connie MUHLENKORT, Plaintiff and Appellee, v. UNION COUNTY LAND TRUST, The Union County Abstract and Title Company, and Title Insurance Company of Minnesota, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 19, 1995.

Rehearing Denied May 23, 1995.

Attorney(s) appearing for the Case

Dennis C. McFarland, Sioux Falls, John F. Murphy, Donley and Murphy, Elk Point, for plaintiff and appellee.

Rick Entwistle, Woods, Fuller, Shultz & Smith P.C., Sioux Falls, for defendants and appellants.

Mark A. Moreno, Schmidt, Schroyer, Colwill & Moreno, Pierre, for amicus curiae S.D. Land Title Ass'n.

TRANDAHL, Circuit Judge

Union County Land Trust, (Trust), Union County Abstract and Title Company, (Abstractor) and Minnesota Title Insurance Company (Insurer) appeal a judgment of the circuit court which awarded Muhlenkort damages due to her judgment lien on real property bought by the Trust and the professional negligence of Insurer and Abstractor in omitting to list the judgment lien as an encumbrance on the property. We affirm, in part, and reverse in part.

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