Legal Opinion

Hicks v. Farmers' Ins.

Supreme Court of Iowa

Decided March 7, 1887PublishedCited by 6 opinions

Appeal from, Monroe Cvreuit Court. Action upon a policy of insurance. A demurrer to the defendant’s answer to the petition was overruled. Plaintiff standing on his demurrer, judgment was rendered for defendant. Plaintiff appeals.

1Opinion of the CourtBeck, J.

The policy in suit contains a condition that it shall become void “ if the property insured be sold, or any change tahe place in the title thereof, or if the property or any part thereof, hereafter in any manner whatever incumbered.” The answer alleges that plaintiff, after the execution of the policy, and before the fire, incumbered the property insured by executing on his interest therein, which was one-third, a mortgage, etc., and that it was incumbered during the same time by a judgment against plaintiff, which became and has remained a lien on the property. It is shown by the pleadings…

2Cited by6 opinions

  1. Greenlee v. North British & Mercantile InsuranceSupreme Court of Iowa · 1897
  2. Gerling v. Agricultural Ins.West Virginia Supreme Court · 1892
  3. Lodge v. Capital InsuranceSupreme Court of Iowa · 1894
  4. Rasmussen v. NorbySupreme Court of Iowa · 1938
  5. Wright v. Hartford Fire InsuranceCourt of Appeals of Texas · 1909

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