Copeland v. Phœnix Insurance

STONE, 0. J.

This case has been twice before in this court, and most, if not all of the legal questions have been settled. — Phœnix Ins. Co. v. Copeland, 86 Ala. 551; 5 L. R. An. 848; Same v. Same, 90 Ala. 386. From the last trial in the court below only the rulings on the pleadings are presented for our revision.

The complaint counts on a policy of insurance, insuring a residence against injury or destruction by fire, and alleges that the building was destroyed by fire during the term covered by the policy. There were many pleas interposed, but the defense was rested mainly on two grounds :…