Cardwell v. Virginia State Ins.
Supreme Court of Alabama
Appeal from Marshall Chancery Court. Heard before Hon. W. H. Simpson. Bill by W. D. Cardwell against the Virginia State Insurance Company, and others, to require a mortgage to be credited with the amount of a fire insurance claim, for an accounting, and to be allowed to redeem. From a decree sustaining demurrers to the bill, complainant appeals.
Read the full summary
Appeal from Marshall Chancery Court. Heard before Hon. W. H. Simpson. Bill by W. D. Cardwell against the Virginia State Insurance Company, and others, to require a mortgage to be credited with the amount of a fire insurance claim, for an accounting, and to be allowed to redeem. From a decree sustaining demurrers to the bill, complainant appeals. Under the averments complainant clearly had a right to maintain this bill, have an accounting, and the insurance policy credited on the mortgage. — Wiley v. Ewing, 47 Ala. 418; Dams v. Gooh, 65 Ala. 617; Fouch v. Swam, 80 Ala. 151; Powers v. Robinson,…
1Opinion of the Court
de GRAFFENRIED, J. —
The complainant executed to a mortgage company a mortgage on the lands described in the bill, to secure an indebtedness. There ivas a residence on the land, which was insured against loss by fire; the policy providing that the loss, if any, should be paid to the mortgage company as its interest might appear. This insurance policy was delivered to the mortgage company as a part of its security for the loan. The building was destroyed by fire, and the complainant made the proof of loss, etc., which was required by the policy. Thereupon the insurance company bought from the…
2Cases cited2 opinions
- Pearcy v. TateTennessee Supreme Court · 1892
- True v. HaleySupreme Judicial Court of Maine · 1844
3Cited by7 opinions
- Dominex, Inc. v. KeySupreme Court of Alabama · 1984
- Pattillo v. TuckerSupreme Court of Alabama · 1927
- Wilson v. Gulf States Steel Co.Supreme Court of Alabama · 1915
- Bond v. OatesSupreme Court of Alabama · 1920
- Bowdoin v. T. S. Faulk Co.Supreme Court of Alabama · 1920
2 more not listed; retrieve them via the Exa API.