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· 7/12/1968

Castleman Construction Company v. Pennington

Citations

  • 432 S.W.2d 669
  • 222 Tenn. 82
  • 26 McCanless 82
  • 1968 Tenn. LEXIS 413

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a title insurance company was negligent in discovering prior encumbrances but still entitled to subrogation
  • finding that title company was subrogated to insureds’ claim despite the company’s negligence in failing to discover defects in title
  • finding that despite the plaintiffs negligence, the defendant’s “want of care and diligence ... demands that the equity” would not prevent the plaintiff from being subrogated to the claims
  • finding the plaintiff entitled to subrogation despite negligence in failing to discover title defects
  • discussing requirement of mistake in the context of degree of negligence involved
  • ordinary negligence alone will not be a complete bar to subrogation where in spite of such negligence the equities are still in favor of the subrogee

Source: CourtListener parenthetical corpus (CC0).

Judges: Burnett

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.