Clay Fire & Marine Ins. v. Hickman
Clay Fire & Marine Ins. v. Hickman
Opinion of the Court
Opinion by
We can not adjudge that any personal liability was assumed by the appellee to pay the debts of the appellants by the acceptance of the conveyance from her mother. Mrs. Hickman purchased the property subject to- the claims of the appellants who were the mortgagees. She acquired no> such title as would defeat the mortgage liens and in order to1 make the title she did acquire perfect she would have been compelled to satisfy those liens. But this would have been altogether voluntary on her part and if she failed to satisfy the liens, the! mortgagees could have applied to the chancellor and had the land sold making any claim of the appellee by reason of her purchase subordinate to' that of the mortgagees. This we understand has* been done and when subjecting the property'to their debts no' personal liability arises for any balance due as no such liability ever existed. It was a naked purchase of real estate subject to the liens of the mortgagees and so the deed reads in express terms under which the appellee claims.
It is said that the insurance on the property was for the mother’s benefit and not that of Mrs. Hickman. That Mrs. Hickman had loaned her mother money and taken mortgages on the property before the absolute conveyance was made is clearly shown, and that
When the mortgagor insures on his own account, remaining personally liable to the mortgagees, the mortgagor is entitled to the insurance money. The insurance is not attached to or an incident to the mortgage.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.