In an action against a real estate agent for failure to examine the title of land purchased by him for plaintiff, a complaint alleging that the grantor had mortgaged the land conveyed and other land, and that the mortgages had been foreclosed and the land in question sold, without showing whether the grantor was not still the owner of the other land mortgaged and that it was not worth more than the mortgage debt, or that plaintiff applied for an order, in the decree for foreclosure, that such land be first sold, is demurrable. Sears v. Forbes, 122 Ind. 358, 23 N. E. 773.

An agent who had no knowledge of the mortgage, and had not agreed to examine the title is not liable to the purchaser for loss occasioned by the existence of the mortgage. Id. See also Sec. 349.