Opinion
January 2, 1925.
APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. O.R. Baum, Judge.
Action to enforce equitable lien on proceeds of fire insurance policy. Judgment for plaintiff. Affirmed.
B.W. Davis, for Appellants.
Budge Merrill, for Respondent.
This case is controlled in principle by the decision just announced in First National Bank of Pocatello v. Commercial Union Assur. Co., Ltd., of London, England, et al., ante, p. 236, 232 P. 899; the main difference in the facts being that the insurance policy in this case was taken out after the execution of the mortgage, and included the store building only.
Judgment and decree accordingly affirmed.
McCarthy, C.J., and Wm. E. Lee, J., concur.
Budge, J., being disqualified, did not sit at the hearing nor participate in the decision.
William A. Lee, J., did not sit at the hearing nor participate in the decision.