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CONCORDIA FIRE INS. CO. v. SUDDUTH

No. 4437.

4 F.2d 525 (1925)

CONCORDIA FIRE INS. CO. OF MILWAUKEE, WIS., v. SUDDUTH et al.

Circuit Court of Appeals, Fifth Circuit.

February 12, 1925.

Attorney(s) appearing for the Case

Phares Coleman and M. C. Stewart, both of Birmingham, Ala. (Coleman, Coleman, Spain & Stewart, of Birmingham, Ala., and Smith, Hammond & Smith, of Atlanta, Ga., on the brief), for plaintiff in error.

Crampton Harris, of Birmingham, Ala., for defendants in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

WALKER, Circuit Judge.

This was an action by the defendants in error, the individuals composing the firm of Sudduth Bros., on a fire insurance policy on a dwelling, issued to J. A. Moore, and which was by him assigned to Sudduth Bros. after the insured property was burned.

The suit was defended on the ground that the lot on which the insured dwelling was located was not owned by the insured in fee simple, within the meaning of the provision of the policy that...

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