Davenport

The plaintiffs brought this action in the superior court of Placer County to recover $28,692, alleged fire loss under two policies of fire insurance. The case was tried by a jury, and a verdict was rendered in favor of defendant. From the judgment entered upon this verdict the plaintiffs prosecute this appeal.

The complaint is in two counts. The amount sought to be recovered under the first count is $15,000; the amount sought to be recovered under the second count or second policy is $13,692. The property insured under the first policy for $15,000, according to the recitals in the policy, consisted of 500,000 feet, more or less, of lumber, manufactured, unmanufactured, or in process of manufacture. The property insured under the second policy for $14,500, according to the recitals in the policy, consisted of 1,200 cords of wood, more or less. Both of these policies were issued to appellants on July 12, 1923, and were both to run for a period of two months from the said 12th of July, 1923. All the insured property was supposed to be located upon a 110-acre tract of forest or timber land adjoining the built-up portion of the city of Auburn. On the third day of September, 1923,…