J. E. Groover and Lucy Lee Groover v. Calvin Walker

Plaintiff below filed his bill in the nature of a bill of review to have an earlier decree of foreclosure and sale vacated and to allow plaintiff to redeem the property sold under the previous foreclosure sale. After answer, both plaintiff and defendants moved for summary final decree and upon hearing the Chancellor, Honorable Vernon Hawthorne, granted defendants motion and on December 13, 1954, entered summary final decree for defendants dismissing plaintiffs suit. On December 22, 1954, plaintiff filed a Petition for Rehearing of said summary final decree and on January 19, 1955 filed an amended Petition for Rehearing directed to the same summary final decree. In the meanwhile, on December 31, 1954, the term of Judge Hawthorne expired and he was succeeded as Chancellor by Honorable Fritz Gordon. On February 8, 1955, Judge Gordon granted the Petition for Rehearing, set aside the summary final decree entered by Judge Hawthorne on December 13, 1954 and entered final decree vacating the certificate of title in the prior foreclosure and ordering that the property involved in the foreclosure be resold by the Clerk unless redeemed within ten days.