Bank of Glasco v. Springfield Fire & Marine Insurance

For the decision of this case we deem it necessary to consider only the question whether, under the findings of fact made by the court, the plaintiff or the defendant should recover. In determining this question two important issues of law are distinctly raised.

First. Where the insured gave a quitclaim deed to the property, purporting to be an absolute conveyance but intended to be only a mortgage to secure the payment of debts, and no instrument of defeasance was executed, acknowledged and recorded, as provided by paragraph 3885, General Statutes of 1889, does such action forfeit an…