Mattair v. Card

Citations

• 19 Fla. 455

Syllabus

<p>1. A bill to procure the reversal, alteration or explanation of a decree made in a former suit, except for fraud in obtaining sucb decree, is a “ bill of review.” Such bill can only be brought upon error in law appearing on the face of the decree without examination of matters of fact, or upon new matter discovered after the decree which could not have been used when the decree was made, unless the decree appears to have been made in violation of law.</p> <p>2. The validity and sufficiency of a mortgage, and the capacity of the parties executing it (being adults), are established by the decree of foreclosure, and sueh decree is conclusive against the parties unless reversed on appeal, and cannot be set aside or annulled by bill or review except upon newly-discovered evidence.</p> <p>3. The due execution of a mortgage of a homestead is established by ' a decree subjecting the property to sale to pay the mortgage upon bill to foreclose it.</p> <p>4. A judgment or decree unreversed is conclusive upon parties and es-tops them from setting up in a new suit brought to annul or set it aside, any matter of defence of which the parties could have availed themselves in the original proceeding, the evidence of the facts constituting the defence having been known to the parties in due time.</p>