MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
This is an appeal from an order of the Circuit Court refusing the appellant leave to file a bill of review in that court. The facts are as follows: —
On the 8th of April, 1869, one H.H. Walker mortgaged to Powell, the appellee, the N.E. ¼ of the S.W. ¼ sec. 5, T. 38, N.R. 14 E., forty acres, to secure a note for $40,500, payable twelve months after date, with interest at the rate...
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