Fire Ass'n of Philadelphia v. Weathered

FOSTER, Circuit Judge.

Appellee, Weathered, brought two suits in a state court against appellants to recover on two policies of fire insurance, each for $4,000-, for the destruction by 'fire of a dwelling in Waco, Tex. Each policy contained a clause making it payable to appellee, the Mortgage Bond Company, as interest might appear, and that company intervened to assert its rights. After removal to the federal court the eases were consolidated and tried as one. The policies were identical in form, and each contained a clause rendering it void if the dwelling should be vacant for a period…