Allied Mortgage Co. v. Atlanta Title & Trust Co.
Court of Appeals of Georgia
1Opinion of the CourtFelton, J.
An allegation of the mere fact that a mortgagee company paid off a lien on property to protect itself is not an allegation of loss by reason of such payment. Accordingly, the general demurrer to a petition by a mortgagee against a title-insurance company ón a title-insurance certificate indemnifying the mortgagee against all loss or damage which it should sustain by reason of defect or defects of title affect*367ing the premises the title to which was insured, or affecting the interest of the mortgagee, or by reason of liens or incumbrances charging the same, should have been sustained in the…
2Cited by2 opinions
- Summonte v. First Amer. Title Ins. Co.New Jersey Superior Court Appellate Division · 1981
- Atlanta Title & Trust Co. v. Allied Mortgage Co.Court of Appeals of Georgia · 1940