National Mortgage Corp. v. American Title Insurance

HUSKINS, Justice.

This action is based upon a policy of title insurance issued by defendant. Plaintiff seeks to recover losses allegedly suffered by it by reason of the invalidity of the lien of its deed of trust on the Abernethy property. National Mortgage’s lien has been previously declared invalid in a separate action brought by Mr. and Mrs. Abernethy against National Mortgage to enjoin foreclosure proceedings and declare National Mortgage’s deed of trust invalid. In that case, Judge Braswell entered summary judgment for the' Abernethys. The Braswell judgment declares, in pertinent part,…