Place v. St. Paul Title Insurance & Trust Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ramsey county, Brill, J., overruling a demurrer to the complaint. The complaint alleged the issue to plaintiffs of defendant’s insurance policy to indemnify them as mortgagees of a certain tract of land in block 15 of Robert & Randall’s addition to St. Paul by reason of defects in the title of the mortgagors to said tract.
Read the full summary
Appeal by defendant from an order of the district court for Ramsey county, Brill, J., overruling a demurrer to the complaint. The complaint alleged the issue to plaintiffs of defendant’s insurance policy to indemnify them as mortgagees of a certain tract of land in block 15 of Robert & Randall’s addition to St. Paul by reason of defects in the title of the mortgagors to said tract. That in 1894 plaintiffs foreclosed their mortgage, and bid off the property for the amount due upon 'said mortgage, including taxes paid by plaintiffs and the expenses of sale. That at the date of said mortgage…
1Opinion of the CourtCollins, J.
Two questions only are presented by this appeal, both dependent upon the construction to be placed upon language used in a title insurance policy issued by defendant company to plaintiffs as mortgagees of certain real property. The contract, as stated in the policy, was, among other things, to indemnify, keep harmless, and insure plaintiffs from all loss or damage, not to exceed a stated sum of money, sustained by reason of defects in the title of the mortgagors in the mortgaged estate, excepting such as were set forth in an attached schedule, and subject, also, to the stipulation® and…
2Cases cited1 opinion
- Caplis v. American Fire InsuranceSupreme Court of Minnesota · 1895
3Cited by4 opinions
- Raulet v. Northwestern Nat'l Ins. Co. of MilwaukeeCalifornia Supreme Court · 1910
- Kentucky Title Company v. HailCourt of Appeals of Kentucky (pre-1976) · 1927
- Marandino v. Lawyers Title InsuranceSupreme Court of Virginia · 1931
- State v. BowmanSupreme Court of Minnesota · 1938