Home Ins. Co. v. Smith
| Decision Date | 30 January 1895 |
| Citation | 29 S.W. 264 |
| Parties | HOME INS. CO. v. SMITH et al. |
| Court | Texas Court of Appeals |
Appeal from McLennan county court; W. H. Jenkins, Judge.
Action by H. K. Smith and another against the Home Insurance Company to recover on a policy of insurance. From a judgment for plaintiffs, defendant appeals. Reversed.
John L. Dyer, for appellant. Robertson & Davis, for appellees.
This is a suit brought by Smith in the county court of McLennan county to recover from the appellant the value of certain property destroyed by fire, covered by a policy of insurance issued by the appellant. The property in controversy consists of certain houses located upon certain land in Bosque county, and household, kitchen, and other furniture, etc., placed in said house. The policy of insurance provides that the entire policy shall be void if the subject of insurance be buildings upon grounds not owned by the insured in fee simple. The appellant, in the court below, pleaded a want of title in the appellees to the lands, and also to the buildings covered by the policy. The view we take of the case renders it unnecessary that we should go into details in disposing of the various assignments of error, as, under our view of the evidence, we conclude that the facts show that the appellees, at the time of the contract of insurance and the destruction of the property by the fire in question, had no title to the buildings and the land upon which they were situated. Under the provision of the policy in question, this want of title renders the entire policy void. Therefore our judgment is that the judgment of the court below be reversed, and here rendered in favor of appellant, that appellees take nothing by their suit, and that appellant go hence with all costs of suit decreed against the appellees. Reversed and rendered.
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