Davis v. Iowa State Ins. Co.

• Decision Date: 11 December 1885
• Citation: 67 Iowa 494,25 N.W. 745
• Parties: DAVIS v. IOWA STATE INS. CO.
• Court: Iowa Supreme Court

67 Iowa 494

25 N.W. 745

DAVIS

v.IOWA STATE INS. CO.

Supreme Court of Iowa.

Filed December 11, 1885.

Appeal from Clinton district court.

Action upon a policy of insurance. The cause was tried to the court without a jury, and judgment was rendered for plaintiff. Defendant appeals.Craig, Collier & Craig and E. S. Baily, for appellant, Iowa State Ins. Co.

George B. Young and A. Howat, for appellee, Hattie A. Davis.

BECK, C. J.

1. The policy contained a clause providing that certain conditions printed upon the back of it constituted a part thereof. One of these conditions is in the following language: “If the interest of the property to be insured be a leasehold interest, or other interest not absolute, it must be so stated in the policy, otherwise the same shall be void.” The policy also referred to the application of the assured as forming a part thereof. In this application she stated that no person, other than herself, was interested in the property.

The plaintiff's title is based upon a deed of which the following are the material points: “This deed of bargain and sale, made and executed the twenty-first day of November, A. D. 1881, by and between Raphael Rinehammer and Julia A. Rinehammer, his wife, of the county of Clinton and state of Iowa, parties of the first part, and Hattie A. Davis, of the same place, as party of the second part, witnesseth, that the said parties of the first part, for and in consideration of the sum of eight thousand dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted and sold, and do by these presents grant, bargain, sell, convey, and confirm unto the said party the real estate situated in the county of Clinton and state of Iowa, and known and described as follows, to-wit' [here follows description of property;] the intention being to convey to Hattie A. Davis a life-estate in said real estate, and at her death to then vest the title in her children,--that is to say, the children of her body,--and if there should none survive her, then the said real estate shall revert to the said R. Rinehammer, or to whomsoever he may convey, or direct the same to be conveyed, to have and to hold the afore-granted premises, with all the appurtenances thereto belonging unto the said second party. The said R. Rinehammer hereby covenanting for himself, his heirs, executors, and administrators that the aforegranted premises are free from any incumbrance, except a mortgage to the Perpetual Building Association, of Clinton, Iowa, which said grantee assumes and agrees to pay; that he has full right, power, and authority to sell the same, and he will warrant and defend the title unto the second party against the claim of all persons whomsoever lawfully claiming the same; and the said Julia A. Rinehammer hereby releases and relinquishes all her share of, and right of dower in and to, the above granted and described premises.”

2. It becomes a material question for our determination whether plaintiff held an ...