Page:Federal Reporter, 1st Series, Volume 4.djvu/277

 OONNEOIIODT MUT. LIFB INS. CO. V. SCAMMOK. 263 �CoNNEOTicuT Mot. Life Ins. Co. v. Scammon anci others. {Circuit Court, N. D. Minois. —, 1880.) �1. POUOT OB' InbUBAKCB— LiFB TENANT— RbVBRSIOUBKS—MoRTGAGOB �AND MoETQAGBB. — A policy of insurance running in terms to a life tenant, and procured as additional seourity under the covenants of a mortgage jointly executed by such life tenant and the owners of the reversion, Md, under the circumstances of this case, to enure to the joint beneat of ail the mortgagors. �2. LiFBi Tenant— "Waivkb op Insohancb Monbt— Moktgagob and �MoBTGAGBB. — HM, fv/rtJuir, that the authority of such life tenant to waive the application of the proceeds of such insurance policy upon the mortgage debt could not be inferred from a general powei to insure the mortgaged property. �3. Bamb — Samb — Consent — SrLBNOE. — Hdd, furiher, that consent to such �waiver could not be inferred from the silence of the owners of the reversion, when they had no knowledge of the transaction. �4. 8amb—Mobtgagee —Application ov Insdeance Monby. — IfeZd, �further, that it, in any view of the case, the mortgagee could, without the knowledge of the owners of the fee, agree with the life tenant to place the proceeds of the insurance policy back upon the mortgaged premises, he was bound to see that such agreemeut was carried out, and that the money was so used. Cordon v. TFar« Savings Bank, 116 Mass. 688, considered. �5. Eqxtitt Pbacticb — Application of Insuhancb TA.as^Y.—Edd, fur- �ther, that the rules of equity practice were sufBciently flexible to admit the proper application of the insurance money to the mort- gage debt in this case. �6. Policy of Insdbance — Loss Payable to Mobtgagee — Assignmbnt — �Collateral Secubity. — A provision in a policy of insurance, that the loss should be payable to the mortgagee, operates to give the mort- gagee precisely the same rights and interest in a policy which he would have had if, without such words, the policy had been assigned as collateral security to the mortgage debt. Jones on Mortgages, } 407 �Isliam e Lincoln, for complaînant. �G. F. White, for defendants Florence A. D. Eeed and Ari- anna B. Scammon. �Dtbe, D. J. This a bill for foreclosure of a mortgage exe- cuted to complainant in 1866 by the defendants J. Y. Scam- mon, Florence A. D. Eeed, formerly Scammon, and Arianna ����