The following is a hypothetical question in respect of laws of Missouri. But the logic behind this question is based on facts of a real and live case with similar circumstances and similar laws in India. The purpose of this question is to gauge the degree of difference in the quality of justice prevailing in the two societies in respect of similar cases and to evaluate the ratio decidendi behind the respective decisions.
If the clerk of a relevant court in Missouri fails to deliver copy of the commissioners' report to the recorder of deeds of the relevant county(as per section 523.040 (1)), and the recorder consequently fails to record such report and fails to index the relevant tract as provided by section 59.440, are the two officials guilty of statutory negligence?
If the owner of such land under incomplete eminent domain proceedings sells such land to another person(vendee), whether such proceedings under eminent domain would be valid on the vendee who is unaware of such pending proceedings.
1 Answer from Attorneys
In Missouri the Court Clerks do not normally deliver Orders, the litigants do. A wise purchaser of land would investigate the title of the seller. All title insurers search the judgment record along with the The recorder of Deeds office. The negligence in your case would be on the part of the title insurer or the buyer for foolishly relying on their own investigation.
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