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IN THE COURT OF APPEALS OF TENNESSEE
AT JACKSON
OCTOBER 16, 2003 Session

FORREST L. WHALEY & MARGARET ANN WHALEY v. FIRST
AMERICAN TITLE COMPANY OF MID-WEST

Direct Appeal from the Circuit Court for Shelby County
No. 94890 T.D. Rita L. Stotts, Judge

No. W2002-01940-COA-R3-CV - March 30, 2004
This case involves a claim under a title insurance policy. Plaintiffs purchased a residence located on a two acre lot, which, they later discovered, had been improperly subdivided from a preexisting 74 acre tract.  As a result of the improper subdivision of their lot, Plaintiffs are unable to obtain a building permit to construct any improvements upon the property.  Plaintiffs then filed a claim under their title insurance policy with Defendant. The claim was denied, and the Plaintiffs subsequently filed suit. After considering pleadings, affidavits, and deposition transcripts, the lower court granted Defendant

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