{
  "id": 5235113,
  "name": "Reaper City Insurance Company v. James S. Brennan",
  "name_abbreviation": "Reaper City Insurance v. Brennan",
  "decision_date": "1871-01",
  "docket_number": "",
  "first_page": "158",
  "last_page": "159",
  "citations": [
    {
      "type": "official",
      "cite": "58 Ill. 158"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "14 Ill. 412",
      "category": "reporters:state",
      "reporter": "Ill.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 166,
    "char_count": 2811,
    "ocr_confidence": 0.542,
    "pagerank": {
      "raw": 3.285066051873574e-07,
      "percentile": 0.8709835978854366
    },
    "sha256": "72329ded82a79842388f436e1ddce40cbd5c0663c526cd8c52ce1041f49d7fff",
    "simhash": "1:b26064e07dad6445",
    "word_count": 480
  },
  "last_updated": "2023-07-14T20:15:34.935712+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Reaper City Insurance Company v. James S. Brennan."
    ],
    "opinions": [
      {
        "text": "Mr. Chief Justice Lawreece\ndelivered the opinion of the Court:\nThis is an action on a policy of insurance. At the time the insurance was effected, the property had been sold on a judgment and execution against the assured, but the twelve months allowed for redemption had not expired. It is insisted the nondisclosure of this sale avoids the policy, by virtue of the following clause therein:\n\u201cIf the property to be insured be held in trust or on commission, or be a leasehold interest or equity of redemption, or if the interest of the insured to the property be any other than the entire, unconditional and sole ownership of the property, for the use and benefit of the insured, it must be so represented to the company, and so expressed in the written part of this policy; otherwise the policy shall be void.\u201d\nWe must hold this defense valid. It can not truthfully be said that the assured had, at the date of the insurance, \u201cthe entire, unconditional and sole ownership of the property.\u201d On the contrary, the purchaser at the sheriff\u2019s sale, although he had not acquired a complete title, either legal or equitable, as held in Phillips v. Demoss, 14 Ill. 412, had certainly acquired an interest in the land to the extent of his bid, which would, in a few months, ripen into a title unless redeemed. With this outstanding and paramount interest vested in another, the title of the assured was not \u201c entire, unconditional and sole.\u201d\nThe judgment must be reversed and the cause remanded.\nJudgment reversed.",
        "type": "majority",
        "author": "Mr. Chief Justice Lawreece"
      }
    ],
    "attorneys": [
      "Messrs. J. C. & C. L. Conkling, for the appellant.",
      "Messrs. Herndon & Orendorff, for the appellee."
    ],
    "corrections": "",
    "head_matter": "Reaper City Insurance Company v. James S. Brennan.\nIssue auge\u2014of the requisite disclosure in the application, of the title of the assured. A policy of insurance contained the following clause:\n. \u201c If the property to be insured be held in trust or on commission, or be a leasehold interest, or equity of redemption, or if the interest of the insured to the property be any other than the entire, unconditional and sole ownership of the property, for the use and benefit of the insured, it must be so represented to the companjr, and so expressed in the written part of this policy; otherwise the policy shall be void.\u201d\nAt the time the insurance was effected, the property had been sold on a judgment and execution against the assured, but the twelve months allowed for redemption had not expired: EAd, the non-disclosure of this sale avoided the policy; the title of the assured was not \u201c entire, unconditional and sole.\u201d\nAppeal'from the Circuit Court of Sangamon county-; the Hon. B. S. Edwards, Judge, presiding.\nThis was an action on a policy of insurance, brought by Brennan against the Reaper City Insurance Company. Judgment was rendered in favor of the plaintiff, from which the defendant appealed.\nMessrs. J. C. & C. L. Conkling, for the appellant.\nMessrs. Herndon & Orendorff, for the appellee."
  },
  "file_name": "0158-01",
  "first_page_order": 160,
  "last_page_order": 161
}