Houston v. Horton

1 Citing case

  1. Smith v. Smith

    146 Ga. App. 673 (Ga. Ct. App. 1978)   Cited 1 times

    Since no basis appears upon which the last grantee may assert a monetary damage claim for fraud belonging to the predecessors, the validity of the judgment appealed from must be determined from the case as made under the count for breach of warranty of title. The rule is different to the extent that evidence as to fraud practiced upon someone else may be shown where, e.g., the plaintiff seeks to remove a cloud upon his title ( Houston v. Horton, 202 Ga. 307 ( 43 S.E.2d 90) (1947)), for there the plaintiff has a protectable interest. Here, however, plaintiff seeks to recover as his own damages a loss suffered by someone else.