Insurance Co. of Tennessee v. Waller

This action was brought by B. W. Waller, in the circuit court of Davidson county, to recover upon a policy of fire insurance issued to him October 8, 1901, for $1,000, upon certain property situated in the city of Nashville. The policy contains a stipulation that it shall be void “if the interest of the insured be other than unconditional sole owner of it; or if the subject of the insurance be a building on ground not owned by the insured in fee simple.” The defendant pleaded the general issue of not guilty, and special pleas, averring that the plaintiff was not the unconditional and sole…