Raney v. Mill Owners Mutual Fire Insurance

The opinion of the court was delivered by

Dawson, J.:

This was an action on a policy of fire insurance. The defense was a plea of nonliability under its terms.

The facts were these: Prior to the issuance of the policy sued on, one Mrs. Frances Bunn owned the property which was comprised of a dwelling house and a small tract of land. Mrs. Bunn mortgaged *826the property to the iEtna Building and Loan Association of Topeka to secure a loan of $3,500.

Later, on May 15, 1929, Mrs. Bunn sold the property to one Blanche Baker, subject to the $3,500 mortgage, and took a second mortgage on the property for…