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3 Va. 183

Curry v. Burns

Court of Appeals of Virginia

Decided May 12, 1802

Court of Appeals of Virginia · decided 1802-05-12

Burns filed a bill in Chancery, in the County Court of Berkeley, stating, that on the 13th of March, 1756, he obtained a warrant from the proprietor’s office for 400 acres of land, and paid the usual… Held: that the Chancellor could not alter the decree of this Court.

Decided 1802-05-12

BYONS, Judge,

¶1delivered the resolution of the Court as follows: “The Court not deciding at present, whether the Court of Chancery ma3r allow a bill of review, to reverse a decree of this Court, or the decree of the County Court, for new matter discovered after the decree was made, or is precluded therefrom, is of opinion, that the new testimony in this cause does not prove any material fact, which was not known to the appellee before the hearing of the original cause in the County Court, and that the new matter proved by the testimony aforesaid, is not sufficient ground for the reversal of the former decree of this Court. That, therefore, the decree of the High Court of Chancery was to be reversed, and the bill of review dismissed.”

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