Fidelity-Phenix Fire Insurance v. Mears

Opinion of the Court by

Judge Ratliff

Reversing.

This is an appeal from the judgment of the Green circuit court in a suit by appellee Annie Mears on a policy of fire insurance covering certain real and personal property in Green county. The policy was issued •.on the 12th day of July, 1933. On January 20, 1934, a fire occurred, destroying the barn insured, and about one week thereafter another fire occurred, destroying the dwelling house, smokehouse, corncrib, poultry house, find some other personal property insured under the policy.

The defense presented by appellant was that the assured,…