ALABAMA TITLE & TRUST CO. v. MILLSAP

No. 7156.

71 F.2d 518 (1934)

ALABAMA TITLE & TRUST CO. v. MILLSAP.

Circuit Court of Appeals, Fifth Circuit.

June 20, 1934.


Attorney(s) appearing for the Case

E. L. All and Kingman C. Shelburne, both of Birmingham, Ala., for appellant.

White E. Gibson and M. Leigh Harrison, both of Birmingham, Ala., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

Pleading and proving eviction by final judgment of a court of competent jurisdiction, from premises described in a title insurance policy, appellee sued on the policy for the losses he had sustained. There were two defenses urged. It was claimed that the defect in the title which caused the eviction was within Schedule B of the policy, "a right or claim of a party in possession (not of record)," and therefore a defect not insured against...

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