Smith v. Phenix Insurance

This was an action on a policy of fire insurance. Trial by the court, and finding and judgment for the plaintiffs. The defendant appeals from the judgment, and the case comes up on the judgment-roll. The policy sued on contained the following clause: “If the interest of the assured in the property be other than an absolute fee simple title, or if any other person or persons have any interest whatever in the' property described, whether it be real estate or personal property, or if the building insured or containing the property insured by this policy stands on leased ground, or if there be a…