Alabama Title & Trust Co. v. Millsap

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 tbe 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. It was claimed too that for another reason the loss was one not insured against, because within, clause 9 of the policy; one…