Monroe v. Southern Mutual Insurance
Supreme Court of Georgia
Insurance. Contracts. Before E. W. Beck, Esq., Judge • pro hae vice. Spaulding Sup'erior Court. February Term,. 1879. Mrs. Varner owned certain realty near Griffin. She-made a deed to it to Napier et al. Afterwards she commenced suit to cancel the deed for fraud in its procurement. Pending this case she died, and her executor, Monroe, was made a party.
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Insurance. Contracts. Before E. W. Beck, Esq., Judge • pro hae vice. Spaulding Sup'erior Court. February Term,. 1879. Mrs. Varner owned certain realty near Griffin. She-made a deed to it to Napier et al. Afterwards she commenced suit to cancel the deed for fraud in its procurement. Pending this case she died, and her executor, Monroe, was made a party. The jury found for Napier ei al., and a decree was entered ordering a writ of possession; the ease-was carried to the supreme court, and there affirmed ; the rimiititv/r was returned and entered on the minutes in November, 1874, but a writ of…
1Opinion of the Court
Jackson, Justice.
We think that the facts of this case make it clear that. •there ought to be no recovery. At the time of the fire, there could be no loss to the administrator, Mr. Monroe, *671because all title in the property had been decided against him by the superior court, and that judgment had been affirmed by the supreme court, and the remittitur had been returned and made the judgment of the superior court.
Mr. Stewart testified that 'the remittitur was returned in November and then entered on the minutes of the superior court. So that at the time of the fire in December there was no title…
2Cases cited2 opinions
- Howard v. Albany InsuranceNew York Supreme Court · 1846
- Carroll v. Boston Marine InsuranceMassachusetts Supreme Judicial Court · 1812
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- State v. RoySupreme Court of Louisiana · 1952
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- State v. GrahamSupreme Court of Louisiana · 1906
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