Cottingham v. Fireman's Fund Insurance
Court of Appeals of Kentucky
Case 71 — PETITION ORDINARY APPEAL PROM HENDERSON CIRCUIT COURT. 1. The contract for the sale of. the insured property was. void for uncertainty of description. The writing must contain such description of the land as would be enforceable without parol proof. (Fowler v. Lewis, 3 Mar., 445; Kay v. Curd, 6 B. M., 100; 12 B. M., 604; 7 Ky. Law Rep., 694; Judge v. Cash, 6 Ky.
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Case 71 — PETITION ORDINARY APPEAL PROM HENDERSON CIRCUIT COURT. 1. The contract for the sale of. the insured property was. void for uncertainty of description. The writing must contain such description of the land as would be enforceable without parol proof. (Fowler v. Lewis, 3 Mar., 445; Kay v. Curd, 6 B. M., 100; 12 B. M., 604; 7 Ky. Law Rep., 694; Judge v. Cash, 6 Ky. Law Rep., 444.) 2. The provision, of the policy that “if the property be sold or transferred, or any change take place in the title or possession of said property, the policy shall be void,” means such a change of title as…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
The appellee’s defense to the appellant’s action against it to recover the value of the house insured *441by the appellee, and which was destroyed by fire, was-that the appellant, before the house was destroyed by fire, had sold the same and transferred the possession. The jury having found for the appellee, the-appellant has appealed to this court.
The contract of sale relied on by the appellee- is as follows:
“This contract witnesseth, that we, C. L. and H. A. King, have this day swapped or exchanged property with-Albert Cottingham as follows: We,…
2Cases cited2 opinions
- Marks v. TichenorCourt of Appeals of Kentucky · 1887
- Calhoon v. BeldenCourt of Appeals of Kentucky · 1868
3Cited by14 opinions
- Bucher v. Employers Casualty CompanyCourt of Appeals of Texas · 1966
- Home Insurance Co. of N.Y. v. WilsonCourt of Appeals of Kentucky (pre-1976) · 1925
- Manning v. North British & Mercantile InsuranceMissouri Court of Appeals · 1907
- In Re FraleyCourt of Criminal Appeals of Oklahoma · 1910
- Cook's Administrator v. Franklin Fire InsuranceCourt of Appeals of Kentucky (pre-1976) · 1928
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