Robinson v. Breuninger

The opinion of the court was delivered by

Harvey, J.:

This was a suit in equity to subject the proceeds of a certain fire insurance policy to the payment of a mortgage debt on the property. A trial by the court resulted in judgment for plaintiffs against the mortgagor and the insurer. They have filed separate appeals.

The general facts may be stated as follows: M. E. McFadden owned a tract of about five and one-half acres near the Wakarusa *645river, about ten miles from Topeka, which was improved as a cabin camp. There were nine cabins and a residence on the property. In May, 1927, he sold the…