&198tna Life Ins. Co. v. Norfleet

ANDERSON, Chief Justice.

While there was a conflict in the evidence between the defendant’s agent, Vaughn, and the plaintiff’s witness, Mrs. Heck, as to what was said between the insured and said agent when the application was taken, and a good part of the appellee’s brief is devoted to this phase of the case, the appellant does not rest its appeal on or insist upon the defense of a false statement by the insured in the procurement of the policy.

Quoting from appellant’s brief: “We, therefore, stand or fall in this court upon the defense that the insured breached that stipulation in the policy…