Page:Federal Reporter, 1st Series, Volume 4.djvu/286

 27a FBDEBAIi BBPOBXEB. �of the insnrance moneys cannot be inferred from their silence, because they had no knowledge of the transaction. �It will be understood that ail this is said upon the theory that the contesting defendants had an interest in the Insur- ance, and in eueh application of the insurance fund as the mortgage contemplated ; and it is also said in the light of the fact that that fund was allowed to be personally appropri- ated by the owner of the life estate, and was not used in rebuild- ing. How far the equities of the parties might bave been affected if tbô moneys had been used in rebuilding, and whether that might not have been regarded as a restoration of the lost property, and therefore a benefit to the parties interested equivalent to an application of the moneys on the mortgage debt, are questions not necessary here to be consid- ered. The facts, as \re now bave them, are that this agree- ment was made ; that the owners of the fee were not parties to it, and never authorized it; that that agreement,even in the form in which it was made, was not performed; thatperform" ance was not required by complainant ; and that the insurance moneys were ultimately diverted so that they neither bene- fited the mortgaged property nor were applied upon the mort- gage debt. �The more difficult question is, had the owners of the fee any such interest in this insurance, or any such rights in the ultimate disposition of it, as to enable them to question the transaction in relation thereto between their father and com. plainant ? The proposition that the insurance only covered the interest of Mr. Scammon in the property, was urged with 80 muoh force on the argument that I have not been without doubt in considering the question. Undoubtedly, as life ten- ant, he had an insurable interest in the property. And when the language of the policy, which is that the insurance Com- pany "do hereby insure J. Young Scammon * » • * against loss or damage by fire to the amount of $15,000 ♦ * * * on the four-story and basement brick building," etc., is ' considered, disconnected from other estrinsic facts, there is certainli^ force in the view that his interest only was ����