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action administrator agent agreed alleged allowed amendment amount appears applied appointed authority bank bill bond brief brought cause charge claim condition consideration contained contract corporation counsel damages debt decree deed defendant delivered direction effect entitled evidence excepted execution facts filed further give given granted ground held hold interest issued Judge judgment Judgment affirmed July jury Justice land latter levy lien March ment mortgage motion notes objection offered overruled paid parties passed payment person petition plaintiff in error plea possession present purchase question railroad reason receiver record recover reference refused rendered reversed rule signed sold statement street sued sufficient suit superior court term testimony tion trial trustee verdict witness writing
Page 361 - If there shall be any OTHER INSURANCE on the property insured, whether prior or subsequent, the insured shall recover on this policy no greater proportion of the loss sustained than the sum hereby insured bears to the whole amount insured thereon.
Page 129 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the insured unless so written or attached.
Page 738 - It has been assumed that a court appointing a receiver could rightfully burden the mortgaged property for the payment of any unsecured indebtedness. Indeed, we are advised that some courts have made the appointment of a receiver conditional upon the payment of all unsecured indebtedness in preference to the mortgage liens sought to be enforced. Can anything be conceived which more thoroughly destroys the...
Page 437 - The Company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the Company for transmission.
Page 170 - ... this insurance, as to the interest of the mortgagee, [or trustee] only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Page 183 - In such action the court may, by its judgment, direct the sale of the encumbered property (or so much thereof as may be necessary), and the application of the proceeds of the sale to the payment of the costs of court, and the expenses of the...
Page 161 - ... tract or parcel of land and premises, hereinafter particularly described, situate, lying and being in the of , in the county of...
Page 131 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions, as may be indorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy, except such as by the terms of the policy may be the subject of agreement indorsed hereon or added hereto...
Page 188 - It was complained In the motion for a new trial that the court erred in overruling a demurrer to the amendment made by Lamar.