#### L. S. Lacy, for use of J. W. Cruttenden, appellee, v. Fidelity-Phenix Fire Insurance Company of New York, appellant.

Gen. No. 7,867.

Assumpsit upon policy of fire insurance. Judgment for plaintiff. Appeal from the Circuit Court of Pike county; the Hon. Harry Higbee, Judge, presiding. Heard in this court at the April term, 1925.

Reversed and remanded.

Opinion filed June 27, 1925.

L. T. Graham and Bates, Hicks & Folonie, for appellant.

Williams & Williams, for appellee.

Mr. Justice Crow

delivered the opinion of the court.