Gaylord v. Lamar Fire Insurance
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The property was not in fact the property of the plaintiffs ; they had an interest in it, but no title to it either legal or equitable. The policy was void, because the true nature of the title was not disclosed in the policy.
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Appeal from St. Louis Circuit Court. I. The property was not in fact the property of the plaintiffs ; they had an interest in it, but no title to it either legal or equitable. The policy was void, because the true nature of the title was not disclosed in the policy. In the case of Phillips v. Demoss et ais., 14 Ills. 410, it was held that the purchaser at a sale under the Illinois law, where there is a right of redemption, acquires no title either legal or equitable, but the right to his redemption money if redeemed by the judgment debtor within twelve, or by a judgment creditor within…
1Opinion of the CourtHolmes, Judge
It appears that the property insured was sold on the 2d day of August, 1862, under a decree of foreclosure of a mortgage, and that a certificate of purchase of that date was delivered by the special commissioner to the purchaser, who assigned it to the plaintiffs under the laws of Illinois, which allowed fifteen months for redemption before the final deed was to be executed; that the plaintiffs, as owners of the property, effected this insurance on the 5th day of September, 1863; that the loss occurred on the 9th day of October following, and that on the 3d day of December, 1863, the special…
2Cases cited1 opinion
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
3Cited by16 opinions
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Mers v. Franklin InsuranceSupreme Court of Missouri · 1878
- Dougherty v. DoughertySupreme Court of Missouri · 1907
- Robinson v. KornsSupreme Court of Missouri · 1913
- Lingenfelter v. Phœnix InsuranceMissouri Court of Appeals · 1885
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