SAFECO TITLE INS. CO. v. C & S NAT. BANK

77191.

190 Ga. App. 809 (1989)

380 S.E.2d 477

SAFECO TITLE INSURANCE COMPANY v. CITIZENS & SOUTHERN NATIONAL BANK.

Court of Appeals of Georgia.

Rehearing Denied March 17, 1989.


Attorney(s) appearing for the Case

Weeks & Candler, Jerry L. Stepp, Terri A. Candler, Leslie D. Williams, for appellant.

Glenn P. Hendrix, Richard N. Hubert, Barbara J. Goldstein, for appellee.

Pollyann S. Campbell, amicus curiae.


SOGNIER, Judge.

Safeco Title Insurance Company brought suit against O. C. Hubert for breach of warranty of title, seeking to recover from Hubert the $100,000 it had paid a third party (hereinafter "Fisher") to clear the title of land purchased by Safeco's insured from Hubert. Upon Hubert's death, Citizens & Southern National Bank, as temporary administrator of his estate, was substituted as party defendant. The trial court granted the bank's motion for summary...

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