Jemison v. Metropolitan Life Ins.

RICHARDSON, Chief Judge.

Appellant, beneficiary of a life insurance policy issued by appellee on the life of her son, brought suit, claiming the presumed death of the insured from an absence of more than seven years. The case was tried by the court without a jury and from an adverse judgment she has appealed.

In a prior suit between the same parties, seeking a recovery on the same policy, judgment was rendered adverse to appellant and affirmed by us on appeal.1 The issue in both cases was whether the evidence made a case under Section 14-501, Code 1940, the pertinent part of which follows: “If…