delivered the opinion of the court.
*4512. Fraud, § 87*—when not presumed. Fraud is never presumed.
3. Fraud, § 89*—when burden of.proof upon party alleging fraud. The burden of establishing fraud is upon the party alleging it. '
4. Insurance, § 633*—when evidence insufficient to establish fraudulent overvaluation. In an action on a fire insurance policy on a building, evidence held insufficient to establish fraud in making an overvaluation in the proofs of loss.