Supreme Court of Alabama June 26, 1941, 6 Div. 884. (National Union Fire Ins. Co. v. Schwab)

FOSTER, Justice.

This is a suit on a policy of fire insurance, in which the principal defense was fraud and false swearing in making the proofs as stipulated in a clause in the policy.

The pleas which set up such defense allege that plaintiff made the statements with intent to deceive. This is in recognition of the principle that such intent is a prerequisite to a plea of that sort.