Abraham Lincoln Life Ins. v. Reynolds Mortgage Co.

BRYAN, Circuit Judge.

The Abraham Lincoln Life Insurance Company and the Marquette Life Insurance Company sued the Reynolds Mortgage Company in an action at law to recover the aggregate .amount of deficiencies arising out of two mortgage foreclosure sales. Trial by jury was waived in writing, and the judgment of the District Judge was that a plea in abatement as to the Marquette Company be sustained, on tho ground that it had been taken over by the Lincoln Company and had ceased to do business, and that the Lincoln Company take nothing by its suit.

In the view we take of the case, it was…