Spillane v. Yarnalowicz

This is a suit in equity to establish what is termed an equitable lien, upon the proceeds of a fire insurance policy covering a house and garage on real estate owned by the defendant, subject to a mortgage to the plaintiff. The case is before this court on a report by a judge of the Superior Court.

The facts as found by the judge are substantially as follows : The plaintiff was formerly the owner of the buildings insured and the parcel of land on which they stood. By deed dated September 5, 1919, he conveyed the real estate to one Stedman and at the same time received a mortgage thereon for…