R. L. MURRAY, Chief Justice.
Mrs. Ellen L. Evans, the appellee, brought suit in the District Court of San Jacinto County against the Southwestern Life Insurance Company, the appellant, to recover as beneficiary under a contract of life insurance which she alleged was in effect upon the life of her deceased husband, William Paul Evans. No policy of insurance was ever issued by the appellant to Mr. Evans but an application had been made by him and a check for the first...
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