Buzbee v. Fidelity National Bank

COLE, Judge.

This appeal concerns the plaintiffs’ claim of an unmerchantable title, which they attribute to the threat of litigation concerning the obligations of a developer who formerly owned the land.

Plaintiffs (Billy Joe and Joan Buzbee and Thomas Ray and Ruby Lee Engquist) sued their vendor, Fidelity National Bank, on a warranty of title claim. Fidelity named as third-party defendants the developer Jack Menzie and Menzie’s vendee, Million Acre Corporation. An intervention was filed by two of the original five landowners (Margaret Preston Moore and Robert Preston) and *17the heirs of a third…