McCook sought relief as a farmer under Section 75 of the Bankruptcy Act, 11 U.S. C.A. § 203, and failing to obtain an agreement with his creditors amended and prayed to be adjudged a bankrupt and for relief under Subsection s. Federal Land Bank of Columbia, a mortgage creditor, moved to dismiss the proceedings. The Conciliator to whom the matter was referred refused the motion and fixed a rental for the lands. The district judge on review dismissed the proceedings. It is apparent that this action was taken under a misapprehension of the law which was prevalent at the time but was corrected in the case of John Hancock Mutual Life Ins. Co. v. Bartels, 60 S.Ct. 221, 84 L.Ed. ___, decided Dec. 4, 1939. The judgment of dismissal is reversed with direction to proceed according to the opinion in the case cited.