Fire Ass'n v. Weathered

BRYAN, Circuit Judge.

This is an appeal from a judgment rendered in favor of the assured in a consolidated action on two fire insurance policies. The only question is whether the dwelling which was insured was vacant for a period of ten days before the fire. If it was vacant during that period, each policy by its terms became void; but if it was not, the judgment is unassailable. On a former trial the only testimony to the effect that the dwelling was occupied was given by Sonny Mosely; other witnesses who lived nearby testified that, during the period of time involved, they did not see any…