Davis

This is an action to recover upon a policy-insuring against loss by fire. Plaintiff had judgment for twelve hundred dollars, from which judgment defendant appeals. The cause comes up on the judgment-roll, and is not supported by a statement or bill of exceptions.

It appears from the pleadings and findings that the defendant is, and was at all the times mentioned in the case, a duly organized and acting fire insurance corporation.

That the plaintiff, on the twenty-sixth day of February, 1894, and at all the times mentioned in the complaint, was in the actual, peaceable, and undisturbed possession of eighty acres of land, known as the W. W. Borden farm, fully described in the pleadings, findings, and policy of insurance hereinafter mentioned, and was in like possession of a “ one-story frame dwelling-house situate thereon, and described in said policy, under and by virtue of a partially executed contract and agreement to purchase said land and premises, and a written option thereon (upon which had been paid the sum of one hundred ($100) dollars, made and delivered to him by W. W. Borden and Millie L. Borden, in whom was vested the fee and legal title thereto.”

On the fourteenth…