Heilig v. Haskins

This suit was instituted September 23, .1931, by J. A. Heilig and'W. A. Brown, trustee, to foreclose a deed of trust given by appéllees to secure their promissory note to said Heilig. Answer was filed admitting the execution of the note and deed of trust, pleading a partial payment and denying any indebtedness for taxes, recording fees and insurance. Certain other defenses were set up.

During the pendency of the action and on March 11, 1934, said J. A. Heilig died intestate. On March 18,1935, this action was revived by order of the court in the name of J. Augustus Heilig, as administrator of…