Boling v. T. L. Farrow Mercantile Co.
Boling v. T. L. Farrow Mercantile Co.
Opinion of the Court
Bill in the nature of a bill of review. The decree sought to be vacated was rendered, after jurisdiction acquired, in the cause styled T. L. Farrow Mercantile Co. v. T. M. Boling; and its effect was to foreclose two mortgages executed by Boling to the company. The present bill would avoid this decree upon the ground that the complainant company agreed with the respondent (the mortgagor) that if respondent’s father would release two mortgages, executed by the respondent, he then held, the complainant company would dismiss its then' pending bill praying a foreclosure of the mortgages to that company; whereupon, it is averred, the respondent secured and delivered to the company’s representative a formally executed instrument from his father extinguishing the father’s rights, etc.j in the premises, notwithstanding which agreement and its effect to lull respondent into inaction, the complainant took a decree pro confesso against the respondent and invited and had enforced a decree foreclosing the mortgages.
The decree is affirmed.
Affirmed.
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