Legal Opinion
Atlanta Title & Trust Co. v. Allied Mortgage Co.
Court of Appeals of Georgia
Decided November 23, 1940No. 28319PublishedCited by 11 opinions
1Opinion of the CourtBroyles, C. J.
This is the third appearance here of this case. On its first appearance this court held (58 Ga. App. 366, 198 S. E. 310) that the general demurrer to the petition should have been sustained because the petition failed to allege “that the mortgagee had actually suffered a loss by reason of the existence of a lien paid off by the mortgagee because of the mortgagee’s inability to collect the amount of such lien from the mortgagor who was the person primarily liable for the payment of the lien.” Subsequently the petition was amended to meet the defect pointed out by the demurrer, and this court…
2Cases cited4 opinions
- American Surety Co. v. BallmanCourt of Appeals for the Eighth Circuit · 1902
- Commercial Casualty Insurance v. MathewsCourt of Appeals of Georgia · 1939
- Atlanta Title & Trust Co. v. Allied Mortgage Co.Court of Appeals of Georgia · 1939
- Allied Mortgage Co. v. Atlanta Title & Trust Co.Court of Appeals of Georgia · 1938
3Cited by11 opinions
- Blackhawk Production Credit Ass'n v. Chicago Title InsuranceWisconsin Supreme Court · 1988
- Fed. Sec. L. Rep. P 95,343 John D. Allison, and Bayfield Electric Cooperative v. Ticor Title Insurance CompanyCourt of Appeals for the Seventh Circuit · 1990
- Karl v. Commonwealth Land Title InsuranceCalifornia Court of Appeal · 1993
- National Fire Insurance v. BanisterCourt of Appeals of Georgia · 1961
- G & B Investments, Inc. v. Henderson (In Re Evans)United States Bankruptcy Court, S.D. Mississippi · 2011
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