Breedlove

Action on an insurance policy. George L. Bush was the owner of the property on the tenth day of March, 1894, and on that day conveyed it to the plaintiff. At that time it was subject to a mortgage that had been made by him April 24, 1893, to one Cowgill. An action to foreclose this mortgage was commenced against the mortgagors October 3, 1894, and judgment therein was rendered December 22, 1894, and under this judgment the property was sold to Cow-gill January 31, 1895. The plaintiff did not record her conveyance from Bush until October 13, 1894, and she was not made a party to the foreclosure suit. After the sale under the judgment, and before the time for the execution of the sheriff’s deed, viz., July 13, 1895, the policy sued on was issued to the plaintiff, and the insured property was destroyed by fire July 23, 1895. There was no written application for the insurance. The policy contained the following clause: “This entire policy shall be void if the interest of the insured in the property be not truly stated herein. .... This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void ..... if the interest of the insured be other than…