Hamlet v. American Fire Insurance

Woods, Pkesident:

This is a proceeding by notice of motion for judgment, upon a statutory fire insurance policy. The case was heard upon an agreed statement of facts by the court, sitting in lieu of a jury. From such statement it appears that Sam Swan, on or before July 18, 1927, sold the property in question (a house and lot) to Mary Hamlet and Jeff Hamlet, her husband, and retained in the deed a vendor’s lien for the unpaid purchase price. This deed was delivered but never recorded. On July 18, 1927, iipon the application of Sam Swan, to whom there remained money due on the purchase price of…