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MADISON NATIONAL BANK v. ST. PAUL TITLE INSURANCE CO.

Civ. A. No. CA 73-X-804 NW.

389 F.Supp. 629 (1975)

MADISON NATIONAL BANK, a banking corporation, Plaintiff, v. ST. PAUL TITLE INSURANCE COMPANY, a corporation, successor in Interest to Title Insurance Corporation of St. Louis, a corporation, Defendant, v. Carl ELLIOTT and Jane H. Elliott, Third-Party Defendants.

United States District Court, N. D. Alabama, Northwestern Division.

January 9, 1975.

Attorney(s) appearing for the Case

Joe Gilliland of Bedford & Bedford, Russellville, Ala., William B. Beebe of Glassie, Pewett, Beebe & Shanks, Washington, D. C., for plaintiff.

Vincent McAlister of Almon, McAlister & Ashe, Sheffield, Ala., Julian D. Butler of Butler & Potter, Huntsville, Ala., for defendants.

OPINION IN LIEU OF FORMAL FINDINGS

GROOMS, District Judge.

This is an action upon a title insurance policy. On the 22nd of May 1964, Carl Elliott, Sr. and his wife Jane H. Elliott executed a mortgage to the plaintiff, Madison National Bank, securing a loan of $150,000.00. The mortgage covered 571 acres in Franklin County, Alabama, in nine parcels. On the 15th day of June 1964, the defendant issued its title policy to the plaintiff whereby it insured plaintiff...

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