Lincoln Nat. Life Ins. v. Peake

REEVES, District Judge.

By an original bill in equity plaintiff sought and now seeks to have canceled one of its policies of life insurance for fraud in its procurement. Subsequently one of the defendants brought a suit at law on the policy in a state court. Defendant there, plaintiff here, promptly removed the action to this court on proper grounds. By an amended and supplemental bill, plaintiff adds to the original billa prayer to have the action at law postponed to the determination in> equity.

Defendants have moved to dismiss the equity proceeding for the stated reason that the bill is…