DAY v. FIREMAN'S FUND INS. CO.

No. 6843.

67 F.2d 257 (1933)

DAY et al. v. FIREMAN'S FUND INS. CO.

Circuit Court of Appeals, Fifth Circuit.

November 3, 1933.


Attorney(s) appearing for the Case

W. W. Dykes, of Americus, Ga., for appellants.

Alex W. Smith, Jr., of Atlanta, Ga., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

In defense of a lawsuit appellants had brought on a fire policy, appellee set up breach of the warranty of sole and unconditional ownership, in that the property, when insured, was incumbered, and the policy was without a mortgage clause. Appellants then brought this suit to reform the policy to make it read as the parties had agreed it should, and as, but for mutual mistake, it would have done. They alleged that the defense was unjust in...

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