Dwelling House Insurance v. Butterly

This was assumpsit, hy appellee, against appellant, upon a policy of insurance covering certain buildings, live stock, farm machinery, etc., which were destroyed by fire. Appellant pleaded that one of the conditions of the policy was forfeited by reason of the property insured having been incumbered by mortgage prior and subsequent to the issuing of the policy, and no statement to that effect having been evidenced upon the policy. Appellee, by permission of the court, replied double, alleging that it was not true that all the property insured was mortgaged, but that while it was true that a…