Home Insurance Company v. McCoy

Opinion op the Court by

Judge Logan

Affirming.

Appellee obtained a judgment in the Pike circuit-court against the appellant on an insurance policy for $1,000.00, growing out of the burning of appellee’s store house in the city of Pikeville. Appellant defended on the ground that .the interest of the appellee in the property destroyed was other than unconditional and sole ownership and that the building which was the subject of the insurance was located on ground not owned by appellant in fee simple.

The lower court should have given a peremptory in- . struction for one side or the other. If…