
    KNIGHTS OF THE MACCABEES OF THE WORLD v. PARSONS.
    (No. 2809.)
    (Supreme Court of Texas.
    Feb. 2, 1916.)
    Appeal and Error <@=31108 — Discovery after Judgment that Assured is Living— Grant oe Writ op Error — Remand for Dismissal.
    In a suit by the beneficiary on a life policy, where, after rendition of judgment for her in the district court and Court of Civil Appeals, it appears that the insured has been discovered to be alive, plaintiff’s and defendant’s motion in the Supreme Court asking that the petition for writ of error be granted, the judgments of the district court and Court of Civil Appeals reversed, the cause remanded to the district court, and that it be dismissed at the plaintiff’s cost, • will be granted.
    [Ed. Note. — For other eases, see Appeal and Error, Cent. Dig. § 4410; Dec. Dig. <©=>1108.]
    Error to Court of Civil Appeals for First Supreme Judicial District.
    Suit by Mrs. Lena Parsons against the Knights of the Maccabees of the World. On motions by defendant and plaintiff that the petition for writ of error be granted, the judgments of the district court and Court of Civil Appeals (179 S. W. 78) for plaintiff reversed, and the .cause remanded to the district court, with instructions that it be dismissed at plaintiff’s cost.
    Petition for writ granted.
    Chas. B. Braun, of Waco, for plaintiff in error. Blount & Strong, of Nacogdoches, and Geo. S. King and Kahn & Williams, all' of Houston, for defendant in error.
   PHILLIPS, C. J.

This was a suit by Mrs. Lena Parsons on a policy of life insurance issued to George Frank Parsons, in which Mrs. Parsons was the beneficiary. In the trial court a judgment was rendered in favor of the plaintiff, afterwards affirmed in the Court of Civil Appeals. The principal issue upon the trial was whether or not George Frank Parsons was, in fact, dead. It appears that since the affirmance of the judgment in the Court of Civil Appeals he has been discovered to be alive, revealing that no judgment on the policy ought to have been rendered. Under this condition both the plaintiff and defendant have filed motions in this court asking that the petition for writ of error be granted and the judgments of the district court and Court of Civil Appeals be reversed, and the cause remanded to the district court, with instructions that it be dismissed at the plaintiff’s cost.

We think this is the proper disposition to be made of the case. The petition for writ of error is accordingly granted. The judgments of the Court of Civil Appeals and dis-triet court are reversed, and the cause remanded to the district court to be there dismissed at the plaintiff's cost. 
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