Holloway v. Allen County Mutual Relief Ass'n

By the Court.

In 4 Couch Cyclopedia of Insurance Law, 3136 and 3137, Section 904, it is stated:

“Considerable discussion has been had upon the question of the effect upon representations, warranties, and conditions respecting encumbrances on property insured, of the fact that a particular encumbrance complained of was created by law rather than by the voluntary act of the insured, the contention usually being that stipulations against encumbrances relate only to those which are voluntary, as distinguished from those created by law, or, as it is sometimes said, in invitum. This question, of…