Baker v. Reconstruction Finance Corp.

SIBLEY, Circuit Judge.

This litigation began in 1935 with a bill on the part of Reconstruction Finance Corporation to foreclose a mortgage given by John McCulloch and Arthur C. Marshall to secure a note for $50,000 payable to First National Bank & Trust Company in Orlando, Florida. After pleading to it McCulloch died March 12, 1936, testate. The bill as to him was revived on Aug. 31, 1938, by substituting his executor, John G. Baker, as a defendant. To an amended bill answer was made in behalf of the execu*337tor and the other defendants, admitting most of the facts charged but setting up special…