Page:North Dakota Reports (vol. 48).pdf/554

 applicant is examined and the policy is not issued; but it is not true that the policy acknowledges the receipt of $62.62, or any sum. It is true that deceased never paid any insurance premium, and that his estate is not liable to pay any such premium. Doubtless he gave something called a note, but because of his sudden death before delivery of the policy the note became mere worthless wastepaper. Hence it is entirely clear that the plaintiff has not shown, and she never can show, any existing and completed contract of insurance. The judgment should be reversed and the action dismissed.

W. J. PARMETER, Respondent, v. WILLIAMSBURGH CITY FIRE INSURANCE CO., Appellant.

'''Insurance—execution of mortgage held not to change interest of insured under fire policy. '''

1. In an action upon a policy of fire insurance, where a farm dwelling and its contents was insured, it is held: That the execution of a real estate mortgage upon the land did not change the title, interest, or possession of the insured.

Appeal and error—finding substantially supported by evidence not disturbed.

2. That the findings of the trial court determining that the dwelling did not become unoccupied for a period of ten days are presumed correct and will not be reversed if there be evidence substantially supporting.

Action in District Court, Dunn County, Pugh, J.

The defendant has appealed from a judgment in favor of the plaintiff.

Affirmed.

Lawrence, Murphy & Nilles, for appellant.

“A witness who feigns forgetfulness of circumstances collateral to