Prudential Insurance Co. of America v. Baylarian

The appellant as plaintiff brought suit to foreclose a first mortgage upon real estate making as parties defendant besides the mortgagors, other parties having claims against the property alleged to be inferior to plaintiff’s mortgage, including M. A. Smith as Liquidator of the State Bank of Orlando and Trust Company who held two mortgages subordinate to the plaintiff’s mortgage.

The answer-of defendant M. A. Smith, as Liquidator as aforesaid, contains the following:

“Further answering said Bill of Complaint, this defendant says that during the life of . the mortgagee specifically referred to…