Hartford Fire Insurance v. Warbritton

The opinion of the court was delivered by

Cunningham, J. :

Action was brought before a justice of the peace to recover for a loss occasioned by a fire under a policy of insurance issued by the plaintiff in error to the defendant in error. The answer in that court contained a general denial and a special defense that the property insured had been sold and conveyed in violation of one of the conditions of the policy. The clause of the policy containing that provision was as follows :

“If the interest of the assured be or become other than the entire, unconditional, unencumbered and sole ownership…