Ebert v. Gerding

The bill in this case is of a two-fold character. It is a bill of review for errors apparent upon the face of the decree sought to be reviewed, and an original bill in the nature of a bill of review impeaching such decree for fraud. The latter aspect will be considered first.

On February 21, 1865, William Ebert, and Magdalena, his wife, executed a mortgage, with power of sale and waiving homestead rights, to Charles Bell, to secure a note for $975, due three years after date. The property mortgaged was the west half of the south-west quarter of lot 7, in block 12, in Ottawa. The title was in…