This section contains the nature of the case and procedural background.

Glyn (P) hired D to search title on some properties that she wanted to buy. It turned out that D did not do the research properly and P claimed that after taking title to the lands, that the titles were unmarketable and that D was careless and negligent and misled P to her damage. P also sued for a breach of contract for the title policy. The encroachments upon the property, which were patent upon inspection and of which D was chargeable with knowledge, consisted of mainly a claim to the right of support. The trial court entered judgment for D at the opening of the trial on the sua sponte motion of the judge. P appealed.

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