Morrell v. Republic Fire Ins. Co. of Pittsburg

Mr. ¡Justice Swiggart

delivered tbe opinion of tbe Court.

This case is before us by writ of certiorari to tbe Court of Appeals, heretofore granted on the petition and assignments of error of tbe complainants, Morrell and wife. No petition nor assignments of error were filed by tbe defendant.

The suit is to recover on a contract of fire insurance. Tbe defendant answered that tbe property destroyed by fire was not tbe property described in tbe contract. Tbe issue of fact thus tendered was beard by tbe chancellor upon oral testimony, by consent of tbe parties, but without written agreement. Tbe…