Widincamp v. Phenix Insurance
Court of Appeals of Georgia
Action on policy, from city court of Reidsville — Judge Morgan.. March 3, 1908. Widineamp procured from the defendant insurance company a policy in the sum of $1,500, insuring his house, worth $3,000,. against loss by fire.
Read the full summary
Action on policy, from city court of Reidsville — Judge Morgan.. March 3, 1908. Widineamp procured from the defendant insurance company a policy in the sum of $1,500, insuring his house, worth $3,000,. against loss by fire. The policy contained the following provisions, “This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void . . if any change, other than by the death of an insured, take place in the interest, title, or possession of the subject of insurance (except change of occupants without increase of hazard), whether by legal process or…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
The effect of the insured’s giving a bond for title, accepting *760a portion of the purchase-price, and admitting the vendee into possession was that the insured retained the legal title to the property, and the vendee acquired an equitable estate. As to such a transaction, it is a settled rule of law that an equitable conversion takes place, and the property is treated, for most purposes, as if the legal title had passed; for example, the property descends to the vendee’s heirs as realty; while the vendor’s interest, that is, his right to have the…
2Cases cited6 opinions
- Vancouver Nat. Bank v. Law Union & Crown Ins.U.S. Circuit Court for the District of Oregon · 1907
- Gibb v. Philadelphia Fire Ins.Supreme Court of Minnesota · 1894
- Arkansas Fire Insurance v. WilsonSupreme Court of Arkansas · 1900
- Lowery v. PowellSupreme Court of Georgia · 1899
- Webb v. WebbCourt of Appeals of Maryland · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mechanics' & Traders' Ins. Co. v. DavisCourt of Appeals of Texas · 1914
- Farmers Mutual Fire Insurance v. OlsonIndiana Court of Appeals · 1920
- Northwestern Fire & Marine Insurance v. Bank of ThomasvilleCourt of Appeals of Georgia · 1928
- Tucker v. Royal Ins. Co.Supreme Court of Alabama · 1929
- McCoy v. St. Paul Fire & Marine InsuranceCourt of Appeals of Georgia · 1930
2 more not listed; retrieve them via the Exa API.