Weller v. Farmers Alliance Insurance

The opinion of the court was delivered by

Smith, J.:

The action was to recover on a fire insurance policy; Judgment was for plaintiff. Defendant appeals.

The facts are that the policy was issued by appellant upon a barh, on premises of appellee for $3,000. One of the provisions in the policy was as follows:

*578“This entire policy, unless otherwise provided by agreement indorsed thereon or added thereto by the secretary shall be void ... if with the knowledge of the insured foreclosure proceedings be commenced.”

Attached to the policy and bearing the same date as the policy is a mortgage clause in…