Ford v. Commercial Securities Co.

Permission was granted appellant to file a bill of review for newly-discovered evidence, but on remand the chancery court refused to hear the bill on its merits, unless appellant first posted a bond in the amount of $25,-000, conditioned that he would perform the decree already rendered. Appellant did not ask for a stay of the former decree, and was unable to make such a bond. Under these circumstances, we conclude that the chancery court was in error in refusing to hear the bill of review on its merits without a stay of the former decree and without the stated bond.

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