95 Ga. 792 | Ga. | 1895
The plaintiff', being the owner of certain tenements situated upon real property belonging to him, procured the defendant, the insurance company, to issue its policy of insurance upon these tenements. Among the conditions upon which the policy of insurance issued was the one, that if the property should be sold, or the title or possession of the property, or any part thereof, was transferred or changed, “whether by legal process, judicial decree, voluntary transfer, conveyence or otherwise, . . ” the policy was to be void. Subsequently to the issuing of the policy of insurance containing this clause, the assured, in order to secure the payment of a debt due by him to another, made an absolute conveyance of the premises, including the property insured, to a third person, who in turn conveyed it to yet another. This latter person executed in favor of the assured his bond for titles, conditioned to convey to him the premises described, upon condition that he should pay to the obligor in the bond a certain sum of money therein stated. According to the testimony of the plaintiff', both conveyances were executed in carrying into effect an arrangement by which the assured obtained from the pei’son who executed the bond for titles a loan with which to pay a debt due by the assured to the person to whom he directly conveyed. The insurance company had no notice of these conveyances, and did not consent to their execution. Subsequently thereto, the tenements were destroyed by fire, and an action was brought upon the policy of insurance, alleging substantially affability upon the part of the insurance company to the assured.