Continental Insurance v. Maxwell

*269The opinion of the court was delivered by

Wells, J. :

Christina Wighton was, at the time of the issuance of the policy and of the fire hereinafter referred to, the owner of the undivided one-half of the property burned, the other half belonging jointly to the defendants in error and two other heirs who were made defendants below.

She and her husband made an application for insurance, in which they represented that she was the sole owner of the property and that it was unencumbered. Upon this application a policy of insurance was issued by the plaintiff in error to said Christina Wighton, under…