Buenrostro v. American Nat. Ins. Co.

MURRAY, Justice.

Appellant, Josefa R. Buenrostro, instituted this suit against appellee, American National Insurance Company, seeking to recover as beneficiary on an insurance policy for $70; the insured being Apolinar Morin Ortega. It was alleged that the insured had been absent for more than seven years, and article 5541, R.C.S.1925, was relied upon as creating a presumption of death under the facts in the case.

A trial was had in the justice’s court, and on appeal a trial de novo was had in the county court at law No. 1, of Bexar county, before the judge, without the intervention of a jury.…