Ricker v. Powell - 100 U.S. 104 (1879)
U.S. Supreme Court
Ricker v. Powell, 100 U.S. 104 (1879)
Ricker v. Powell
100 U.S. 104
Upon a bill of foreclosure against A. and the parties to whom, after mortgaging the land, he respectively conveyed separate parcels thereof, at different times, the only question raised was as to the order in which the court should direct the parcels to be sold to satisfy the debt. From the decree rendered June 5, 1875, finding the sum due, and prescribing such order, B., one of the defendants, appealed. The decree was affirmed. Thereupon C., another defendant, filed a petition below, May 21, 1879, for leave to file a bill of review for alleged errors of law, being the same as those passed upon by this Court on the appeal, and for newly discovered evidence; but although the decree was in full force, he neither offered to pay the same or any part thereof, nor alleged any reason for not doing so. Held that leave to file the bill rested in the discretion of the court below, and was properly refused.