Baker v. Hartford Fire Ins. Co.

The opinion of the Court was delivered by

Mr. Justice StuicEs.

Appellant brought this action against the respondent in the Court of Common Pleas of Orangeburg County for recovery upon a fire insurance policy. Inter alia, the answer contained the following defense: “ * * * defendant alleges that it is provided in the policy sued upon in the complaint that the policy shall be void if the subject of the insurance be a building on ground not owned by the assured in fee simple, and in this connection the defendant alleges on information and belief that the plaintiff did not own the land upon which…