Page:Federal Reporter, 1st Series, Volume 6.djvu/114

 102, FEDERAL REPORTBR. �given to secure the payment oi certain issues of bonds, amount- ing in the aggregate to ■ $5,800,000. On the third day of April, 1879, a decree of foreclosure and sale of the mortgaged property was entered. On the tenth day of January, 1881, and but a few days before the sale under the decree of fore- 3losure was advertised to talce place, Mary M. Kelly, a holder of bonds secured by one of the mortgages, filed a petition in eaid cause praying leave to file a bill of review for certain alleged errors and irregularitiea in the foreclosure proceed- ings; and the question has beau raised by demurrer to the petition, and argued and subnaitted, whether or not leave to file such a bill should be granted. The determination of peti- tioner's right to file a bill of review involves, therefore, a con- sideration of the contents of the petition in connection with such parts of the record in the foreclosure case as are brought into controversy by the allegations of the petition. �As appears by the foreclosure decree, the original issue of bonds secured by the first mortgage was $3,200,000, and the issue of bonds secured by the second mortgage was $2,100,- 000. �The petitioner alleges herself to be the holder of second mortgage bonds amounting to $le,320, besides interest. The decree adjudges that "of the said second mortgage bonds the sum of $850,260 was issued in exchange for interest coupons, due upon said first mortgage bonds, and is, with the interest due thereon, a lien imder the said first mortgage, and consti- tutes a part of the debt secured thereby ;" and by the decree it is further adjudged and decreed "that the entire amount of bonds secured by the said first mortgage la the sum of $4,050,260, being the amount of first mortgage bonds of $3,200,000, * * * and the said amount of $850,260 of second mortgage bonds issued as security for interest due on said first mortgage bonds. * * * That the entire amount of bonds outstanding and unpaid, secured by the said second mortgage, » * * jg the sum of $2,100,000, of which amount the sum of $850,200 was issued to secure past-due interest coupons on said first mortgage." �Further provisions of the decree important to notice are, ��� �