Yoas

This is an action brought after loss by the appellant fire insurance company against appellees and one J. T. McDaniel to cancel a policy of fire insurance issued to Wm. H. Yoas on a house and certain personal property situated on a farm about twenty miles southeast of Ajo, Pima county, Ariz. A motion to dismiss, upon the ground that the bill of complaint failed to state facts sufficient to constitute a cause of action, was sustained, and the appeal is from the decree of dismissal which followed. The sole question on appeal is whether the bill of complaint states facts sufficient to constitute a cause of action.

It is alleged in the bill that the policy was procured by certain false and fraudulent representations specifically alleged in the bill concerning the ownership of the farm upon which the house and personal property was located and the ownership of the house and personal property covered by the policy. It is alleged that Wm. H. Yoas represented that he owned the farm, whereas it belonged to the United States; that he represented that the building belonged to him, whereas he only owned a one-third interest therein; that he represented that the personal property belonged to…