Legal Opinion

Mechanics & Traders Ins. v. Boyce

Mississippi Supreme Court

Decided March 15, 1917PublishedCited by 3 opinions

Appeal from the circuit court of Lincoln county. Hon. J. B. Holden, Judge. Suit by Wm. A. Boyce against the Mechanics & Traders Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Our statute, section 2779, fixes the status of mortgagor and mortgagee.

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Appeal from the circuit court of Lincoln county. Hon. J. B. Holden, Judge. Suit by Wm. A. Boyce against the Mechanics & Traders Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Our statute, section 2779, fixes the status of mortgagor and mortgagee. It is therein provided: “Before a sale under or deed of. trust, the mortgagor or grantor shall he deemed the owner of the legal title of the property conveyed in such mortgage or deed of trust. Except as against the mortgagee and his assigns, or the trustee after breach of…

1Opinion of the CourtStevens, J.

Appellee, as plaintiff in the court below, instituted this action to recover from appellant six hundred dollars on a fire insurance policy. The policy was issued in favor of Miss A. Y. Marshall and on her property, with- the *172usual standard mortgage clause in favor of appellee. The plaintiff sought to recover as mortgagee, and relied upon the contract evidenced hy the mortgage clause. Without setting out in detail either the notes and deeds of trust under which the plaintiff claims as mortgagee, or the several pleas of the defendant and demurrers thereto, it is sufficient to state that…

2Cases cited1 opinion

  1. Kase v. Hartford Fire InsuranceSupreme Court of New Jersey · 1895

3Cited by3 opinions

  1. Weems v. American SEC. Ins. Co.Mississippi Supreme Court · 1984
  2. Hartford Fire Ins. Co. v. Associates Capital Corp.Mississippi Supreme Court · 1975
  3. Continental Ins. Co. v. BrownMississippi Supreme Court · 1926

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