
    No. 70.
    Anna Gertz, in Her Own Behalf and as Executrix of the Will of Christian Gertz, Deceased, v. J. Alfred Magoon in His Personal Capacity and as Trustee for C. H. Banning and B. R. Banning, John Buckley and Maria J. Forbes.
    Appeal from Circuit Judge, First Circuit.
    Submitted February 26, 1903.
    Decided March 6, 1903.
    On April 6, 1901, the complainant filed a bill in equity praying, inter alia, that a certain mortgage, dated December 11, 1894, and the foreclosure thereof, had in January, 1896, be declared null and void. Demurrers to the bill were sustained and the bill dismissed in June, 1901. From that decree no appeal was noted, nor were any other steps taken by the complainant until March 31, 1902, on which date a motion for a re-hearing on the demurrer and for leave to amend the bill was filed. The motion was denied on the ground that the proposed amendment discloses no cause for equitable relief. It is from the last mentioned order that the present appeal was taken.
    Re-hearing denied May 18, 1903.
   Per Guriami.

The order appealed, from is affirmed.  