Rhea v. Planters' Mutual Insurance
Supreme Court of Arkansas
Appeal from Washington Circuit Court; John N. .Tillman, Judge; STATEMENT BY THE COURT. Action by R. J. Rhea against the Planters’ Mutual Insurance Association to recover upon a policy for the sum of $2,500, insuring a dwelling house and personal property contained therein totally destroyed by fire on September 26, 1902. Verdict and judgment for the defendant, and the plaintiff appealed.
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Appeal from Washington Circuit Court; John N. .Tillman, Judge; STATEMENT BY THE COURT. Action by R. J. Rhea against the Planters’ Mutual Insurance Association to recover upon a policy for the sum of $2,500, insuring a dwelling house and personal property contained therein totally destroyed by fire on September 26, 1902. Verdict and judgment for the defendant, and the plaintiff appealed. A mortgage upon .the homestead is not valid unless the wife join in the execution of it, and acknowledge the same. Kirby’s Digest, § 3901. The notary’s certificate was not conclusive. 38 Ark. 377; lb. 278; 41…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) The policy sued on contained a clause providing that “if the property insured now is or shall become incumbered by mortgage or otherwise, * * * or if the interest of the member in said property, or any part thereof, now is, or shall become, any other or less than a perfect legal and equitable title and ownership, free from all liens whatever, except as stated in'writing hereon, * * * then, and in every such case, this contract shall be absolutely null and void.” The defendant, among other defenses, pleaded a violation of the above condition of the…
2Cases cited8 opinions
- Leonhard v. FloodSupreme Court of Arkansas · 1900
- Martin v. OgdenSupreme Court of Arkansas · 1883
- Eastham v. PowellSupreme Court of Arkansas · 1889
- Ford v. BurksSupreme Court of Arkansas · 1881
- Kerr v. BirnieSupreme Court of Arkansas · 1868
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3Cited by7 opinions
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- Morgan v. KendrickSupreme Court of Arkansas · 1909
- Great Southern Fire Insurance v. Burns & BillingtonSupreme Court of Arkansas · 1915
- United States Fire Insurance v. MerrickCourt of Appeals of Maryland · 1937
- Resolute Insurance v. MizeSupreme Court of Arkansas · 1953
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