This assumption is unfounded. The writer was the author of the opinion in the Bancroft case, and well remembers the labor spent upon it. The opinion was adopted by the Court after careful consideration, the rehearing having been denied in June, 1922, and in 1927 the principle of the Bancroft case was reaffirmed in Jones v. Mutual Life Insurance Co., 216 Ala. 437, 113 So. 314, 54 A.L.R. 1068, all the Justices concurring. It has been approvingly cited in other of our cases, among them, Travelers' Insurance Co. v. Williams, 22 Ala. App. 7, 112 So. 99, certiorari denied 215 Ala. 603, 112 So. 101; Equitable Life Assurance Soc. v. Brandt, 240 Ala. 260, 198 So. 595, 134 A.L.R. 555. Both the Bancroft and Jones cases, supra, are found cited in the annotations of 126 A.L.R. 102; 54 A.L.R. 1068 (where the Jones case is reported in full), and 76 A.L.R. 717.
Where an indebtedness against a life policy exceeded the cash surrender value of the policy, the insurer had a right to forfeit the policy. Knickerbocker Life Ins. Co. v. Harlan, 56 Miss. 512; Penn Mutual Life Ins. Co. v. Bancroft, 93 So. 566; Jones v. Mutual Life Ins. Co. of New York, 113 So. 314; Travelers Ins. Co. v. Williams, 112 So. 99; New York Life Ins. Co. v. Ware, 157 So. 359, 171 Miss. 314. Unquestionably under the provisions of the loan certificate, the appellee had the right to forfeit and cancel the life insurance policy when the total indebtedness outstanding against the policy equaled or exceeded the cash surrender value of the policy, upon thirty days' notice.
PER CURIAM. Petition of Ella Williams for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in Travelers' Insurance Company v. Williams, 112 So. 99. Writ denied.