WINFIELD – Two Putnam County residents claim a Huntington attorney didn't conduct a title search on some property they bought.
Mary A. Blackshire of Eleanor and Russell E. Cobb of Leon filed a complaint against Herbert H. Henderson of the Huntington law firm of Henderson, Henderson & Staples L.C. on Feb. 15 in Putnam Circuit Court.
In the suit, the plaintiffs say they hired Henderson to represent their interests in a civil action concerning 25 acres they own in the Buffalo District of Putnam County.
"Defendants violated the standard of care of attorneys practicing in this area and failed to exercise due diligence by failing to conduct a title examination of the aforesaid real estate prior to the filing and settlement of the civil action," the complaint states.
They say the title exam "would have revealed the existence of numerous judgment liens against Dorsel H. Cobb Sr., who previously held an undivided interest in and to the aforesaid real estate."
The plaintiffs, who are being represented by Winfield attorney Franklin L. Gritt Jr., bought the land from Dorsel H. Cobb Sr. on July 14, 2002.
The land is subject to liens, and the plaintiffs say this has caused them to have been injured by the defendants' violation of the standard of care and lack of due diligence. They seek a joint and several judgment to pay the liens and to reimburse them their attorney fees, court costs and other relief.
The case has been assigned Circuit Judge O.C. "Hobby" Spaulding.
Putnam Circuit Court case number: 07-C-50