Home Ins. Co., New York v. Springer

SPEER, Justice.

This is an appeal from a judgment entered in the County Court at Law No. 1, Tarrant County, Texas, in favor of Barnard' Springer against The Home Insurance Company, New York.

The facts are uncontroverted, and the sole question for determination is whether or not a provision in the policy which prohibits the encumbrance of the insured property by mortgage, renders the contract unenforcible.

The policy, or contract of insurance, contained, among other things, the following statement: “Unless otherwise provided by agreement in writing added hereto, and except as to any lien,…