Kelleher

This was an action to recover upon a policy of fire insurance issued by plaintiff in error, insuring a building, while occupied as a merchandise store and dwelling, and the merchandise and effects therein, against loss by fire. The insurance company denied liability for the reason that the braiding was on leased ground, and therefore that the policy was void. The court found in favor of the plaintiff below.

The policy contained the following stipulation : “Unless otherwise provided by agreement indorsed hereon or added hereto, this entire policy shall be void * * . * (b) if the interest of the insured be other than unconditional and sole ownership; ¡or (c) if the subject of insurance be a building on ground not owned by the insured in fee simple.” i

The stipulated facts are that plaintiff, at the time of the issuance of the policy and. at the time of the fire which destroyed the building and contents, owned and possessed the property described in the policy sued