Wilson

W. B. Wilson, appellee, hereinafter called “insured,” brought an action at law on a policy of insurance issued to him by the Equitable life Assurance Society of the United States, hereinafter called “insurer.” By his complaint, he alleged the existence of the policy which insured against death in the amount of $2,500 and against permanent total disability in the amount of $25 per month. He alleged that premiums were paid by him on the policy so as to keep it in force until November 27, 1930; that prior to November 27, 1930, and while the policy was in force, he contracted pulmonary tuberculosis and as a result thereof became within the terms of the policy, totally and permanently disabled. He alleged due proof of such disability and that the $25.-■00 monthly disability payment had become due from October 18, 1930, to the date of filing the complaint, June 22, 1932. There is no prayer for general relief and no pleading for declaratory relief under 28 U.S.C.A. § 400 with relation to the continued existence of the policy.

Insured alleged generally that the amount involved in the controversy was in excess of $3,000, but the specific allegation showed that the monthly payments then…