Nebraska Supreme Court April 18, 1906, No. 14,207 (Nebraska Mercantile Mutual Insurance v. Myers)

Jackson, C.

' This is a proceeding to reverse the judgment of the trial court rendered in an action on a fire insurance policy. Two defenses were tendered by the answer: First, that when the policy was applied for the insured represented that the property was unincumbered, while in fact it was incumbered by a chattel mortgage securing an indebtedness of $2,200, and that by the terms of the