Joseph C. Baley, Respondent v. the Homestead Fire Insurance Company, Appellant

Summary

The Court held that the fire‑insurance policy condition barring liability for any incumbrance without the company's written consent applies only to encumbrances created by the insured's own act and not to those arising by judgment or operation of law. Accordingly, the insurer's claim of forfeiture failed and the lower court's judgment for the plaintiff was affirmed.