French v. the Franklin Life Ins. Co.

This is a suit in equity seeking to set aside the forfeiture of an insurance policy. The original petition was filed March 24, 1941. The trial chancellor set aside the forfeiture and declared the insurance policy to be in full force and effect upon payment by plaintiff of premiums from the clue date. Defendant (appellant here) duly filed its motion for new trial and, upon same being overruled, appealed to this court.

The facts are really not in dispute. The case" was submitted to the chancellor solely on the evidence of the plaintiff (respondent here). The parties will be referred to as below.

P…