Vandegraaff v. Medlock
Supreme Court of Alabama
QUESTION IN THIS CASE. As to the power of Chancery, to decree to a mortgagee the proceeds of a policy of insurance, effected, on the mortgaged property. In this case, a bill in Chancery was filed in the Circuit, Court of Tuskaloosa, against Medlock, by the plaintiffs in error, for the purpose of controlling the proceeds of a policy of insurance, which the defendant had effected upon certain real estate, situate in the town of Tuskaloosa.
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QUESTION IN THIS CASE. As to the power of Chancery, to decree to a mortgagee the proceeds of a policy of insurance, effected, on the mortgaged property. In this case, a bill in Chancery was filed in the Circuit, Court of Tuskaloosa, against Medlock, by the plaintiffs in error, for the purpose of controlling the proceeds of a policy of insurance, which the defendant had effected upon certain real estate, situate in the town of Tuskaloosa. So much of the facts, as are material to be stated here, showed that the property insured had been purchased by the defendant, of the complainants; and that,…
1Opinion of the CourtHopkins, J.
The question in this case is, have the plaintiffs in error, who are mortgagees, a right, in a Court of equity, to the, proceeds of a policy of insurance against, fire, effected by the mortgagor af-r ter the mortgage w'as made, which contains no covenants that he should insure ?
The facts relied upon to support this right, which they claim, are, 1 hat after the execution of the mortgage, that was made to secure the purchase money of the mortgaged premises, which the plaintiffs had previously sold and conveyed to the mortgagor, the houses were burnt down — an event that so greatly diminished the…
2Cited by5 opinions
- Miles v. MilesSupreme Court of Alabama · 1924
- Montgomery v. HartSupreme Court of Alabama · 1932
- Shadgett v. Phillips & Crew Co.Supreme Court of Alabama · 1901
- Elyton Land Co. v. Iron City Steam Bottling WorksSupreme Court of Alabama · 1895
- Henderson v. HallSupreme Court of Alabama · 1901