Breedlove
Breedlove v. Norwich Union Fire Insurance Society
Opinion
Lead Opinion
Henshaw, J.
This is an action to recover upon an insurance policy. George L. Bush had been the owner of the property. He executed a mortgage upon it to one Cowgill. Thereafter he conveyed the property to plaintiff, who is his mother. An action to foreclose the mortgage was commenced against the mortgagor on October 3, 1894, and judgment therein was rendered upon December 28, 1894, Under this judgment the property was sold to Cowgill upon January 31, 1895. The plaintiff did not record the conveyance from her son until October 13, 1894, and, consequently, was not made a party to the foreclosure suit. After the sale under 'the judgment, and eighteen days before the expiration of the time within which she could redeem, she applied for and obtained insurance in the sum of two thousand five hundred dollars, upon a warehouse located upon the property. Ten dajrs after the insurance of the propertjr, and eight days before the time for redemption had expired, the warehouse was destroyed by fire. Plaintiff never redeemed. The policy contained the following clause: “This entire policy shall be void if the interest of the insured in the property be not truly stated herein.....This entire policy, unless…