Bergeron

The defendant insurance company issued to one Nettie E. Ratchford a policy of fire insurance covering certain property in Taft, California. The plaintiffs herein held a mortgage on the property, and a mortgage clause in their favor was attached to the policy. The insured property was destroyed by fire on February 7, 1928, while the policy was in force. Subsequently, Nettie E. Ratchford conveyed the property to the plaintiffs and assigned to them all of her rights under the insurance policy. This action was brought to recover for the loss sustained. The policy contained the following provisions:

In its answer the defendant alleged as follows:

The action was tried before the court without a jury, and judgment was given for the plaintiff, based upon findings of fact. This appeal comes before us upon the judgment-roll alone.

The court found that the insurance policy in question contained the provisions above quoted, and also that- the said Nettie E. Ratchford was duly notified in writing that she was required to submit to an examination under oath at the city hall in Taft, California, on July 14, 1928. The court also found as follows.- “that said Nettie E. Batch-ford on and prior…