McElmurray v. Marshall

1. Where the warrantee of a title to land has not yielded to a title paramount and is not in a situation requiring him to presently yield to such a title as a matter of legal duty, no breach of warranty is established. Clements v. Collins, 59 Ga. 124; White v. Stewart, 131 Ga. 460 (62 S. E. 590, 15 Ann. Cas. 1198); Burns v. Vereen, 132 Ga. 349 (64 S. E. 113); Joyner v. Smith, 132 Ga. 779 (65 S. E. 68).

2. In a suit for a breach of warranty of title to land, where the only allegation in the petition as to the existence of an outstanding title paramount and its effect upon the plaintiff’s…