74 Iowa 676 | Iowa | 1888
The property insured is described in the policy as follows: “One and one-lialf story frame shingle-roof dwelling.” The policy contains the following provision: ‘ ‘ This policy shall become void if any building hereby insured, or containing the property insured, be or become wholly or partially vacant or unoccupied, or occupied for purposes not indicated in the written part of the policy.” At the time the policy was executed, the dwelling was occupied by a tenant as a dwelling-house, and the defendant pleaded that at the time it was destroyed, and for several days prior thereto, the building was vacant and unoccupied. When the plaintiffs had introduced their evidence and rested, the defendant moved the court to direct the jury to return a verdict for it. The motion was overruled. It should have been sustained. The undisputed facts are that the tenant moved out on Saturday, the twenty-sixth day of September, 1886. The plaintiff lived about one-lialf mile from the building, and she and her husband, on the next day after the tenant moved out, went to and entered the building aiid spent some time in- examining it. On the next day the plaintiff returned to the house, cleaned one of the rooms, and continued to do so on each day thereafter, including Friday, the first day of October. The house was destroyed by fire on the last-named Friday night. When cleaning the house, the plaintiff would come over in the morning, remaining until noon. She would then go home, get her dinner,