Liberty Nat. Life Ins. Co. v. Trammell

HARWOOD, Judge.

In the proceedings below the appellee sued the appellant on a policy of life insurance issued on the life of the appellee’s then husband, John E. Trammell, the appellee being the beneficiary of said policy.

After demurrers to the complaint, which -was substantially in code form were overruled, issue was joined on plea in short by ■consent, together with a plea of tender. Plaintiff below, appellee here, did not deny the tender.

Among the defenses created by the evidence presented by the appellant, defendant below, was that the insured was not in sound health on the date of the…