Retail Hardware Mut. Ins. Co. v. Collis

BLAIR, Justice.

The parties will be called appellant and appellee.

Appellee, Mrs. M. L. Collis, sued appellant, Retail Hardware Mutual Insurance Company, on its policy of insurance covering her house against loss or damage by fire, not to exceed $500; and recovered judgment for $500.

Appellant pleaded a breach of the sole and unconditional ownership clause of the policy, and contends that such defense was established as a matter of law. The question turned upon the issue of whether a warranty deed by W. Querner to C. E. Stockton was intended as a mortgage.

The undisputed evidence showed that the…