Questa

Silvo Questa and Jennie Questa, hereinafter called plaintiffs, were the owners of a ranch called the Glendale Ranch in Washoe County, Nevada, and of a large barn situated thereon. The barn was destroyed by fire on September 20, 1941. Thereafter plaintiffs presented a proof of loss to Milwaukee Mechanics’ Insurance Company, a Wisconsin corporation, hereinafter called defendant, and demanded that defendant pay them $7,500. Payment being refused, plaintiffs brought an action against defendant in the District Court of the United States for the District of Nevada. In that action plaintiffs obtained judgment against defendant. We reversed that judgment 1 and remanded the case to the District Court. Thereafter plaintiffs filed an amended complaint, hereinafter called the complaint. The complaint alleged:

The complaint prayed that plaintiffs have judgment requiring defendant to “deliver its policy of insurance to the plaintiffs in the sum of Seventy-Five Hundred Dollars ($7,500) on that certain large barn which was situate on the Glendale Ranch of plain *140 tiffs;’’ declaring that “plaintiffs are entitled to the sum of Seventy-Five Hundred Dollars ($7,500);” and their costs.

Answering…