Phœnix Insurance Co. of Hartford v. Mitchell
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was a bill in chancery, by Abner Mitchell and wife, against Archibald McDougal, to set aside a conveyance made by them of certain real property in the city of Bloomington, in exchange for certain lands in the State of Missouri, on the ground of false and fraudulent representations as to the quality and value of the Missouri land.
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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was a bill in chancery, by Abner Mitchell and wife, against Archibald McDougal, to set aside a conveyance made by them of certain real property in the city of Bloomington, in exchange for certain lands in the State of Missouri, on the ground of false and fraudulent representations as to the quality and value of the Missouri land. Pending the litigation, and before a hearing, the buildings on the Bloomington* lots were destroyed by fire. McDougal, after receiving his deed, had insured the property…
1Opinion of the CourtJustice McAllister
We have carefully examined the somewhat complicated record in this case, and are unable to see wherein any rule of law has been violated to appellant’s prejudice.
The principal point relied upon for reversal seems to be, that because McDougal obtained title to the property in question by fraud, though by fraud in the consideration, and such title was subsequently set aside in equity upon a bill by his vendor, he had, therefore, no insurable interest in the property insured; that at all events he was not the sole owner.
The conveyance was not void, but only voidable at the election of the…
2Cited by13 opinions
- Grange Mill Co. v. Western Assurance Co.Illinois Supreme Court · 1886
- White v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1974
- Cetkowski v. KnutsonSupreme Court of Minnesota · 1925
- Crider v. SimmonsSupreme Court of Arkansas · 1936
- Briggs v. MadisonWashington Supreme Court · 1938
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