Hole v. National Fire Insurance

The opinion of the court was delivered by

Burch, J.:

The action was one to recover on an insurance policy covering farm property, consisting of a dwelling house, a barn, and certain personal property. The policy contained a provision that it became void if foreclosure proceedings were commenced. The defense was, foreclosure proceedings were commenced. Plaintiff recovered, and defendant appeals.

The case was tried on an agreed statement of facts which presents an unusual situation. The property was located in Finney county, and was mortgaged to the Warren Mortgage Company. The policy was issued…