On appeal from the Supreme Court.
For the appellants, Joseph T. Lieblich and William A. Hegarty.
For the respondents, Arthur T. Vanderbilt and Marshall Crowley.
The opinion of the court was delivered by
CAMPBELL, CHANCELLOR. These are appeals from two judgments of nonsuit in a consolidated action on policies issued to appellants by the respondents on August 9th, 1932, covering a period of three years.
The insured buildings were destroyed by fire on June 16th, 1935.
Both policies contained this provision:
"This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void * * * if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee-simple * * *."
Admittedly there were no such endorsements upon the policies.
It is said that the appellants on August 5th, 1932, entered into a contract for the purchase of the property in question. This contract is included in the state of case, but improperly. A gesture of offer was made but not pursued, but this is immaterial.
On September 1st, 1932, there was delivered to appellants a deed for the premises subject to a reservation to the grantors of mine rights therein and thereon.
The trial judge directed the nonsuits solely upon the ground that the appellants did not have a fee-simple title to the lands upon which the insured buildings were located at ...