Virginia Fire & Marine Ins. v. J. I. Case Threshing Machine Co.

The policy of insurance upon which this proceeding is based contains the following provision: “This entire policy * * * shall be void * * * if the property hereby insured, or any part or item thereof, be or becomes incumbered by any lien by mortgage, deed of trust, judgment, or otherwise, either prior or subsequent to the date hereof.”

There was a deed of trust upon the property insured at the date the policy was issued, and the question involved here is, whether upon the facts agreed, the whole matter of law and fact being submitted to the court, it erred in holding that the insurance company…