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4 Va. 423

Yancy v. Fenwick

Virginia Chancery Court

Decided June 15, 1809

Virginia Chancery Court · decided 1809-06-15

THE bill in this case was' brought to be relieved against part of a judgment obtained at law on a bond, executed in August, 1797, on account of some payments admitted to have been made, posterior to the said bond, but before the judgment, without even stating a reason why the defendant did not defend himself at law.

Decided 1809-06-15

By the Chancellor.

¶1This is a plain case. The plaintiff might have defended himself at law; but, without assigning a reason why he did not, he comes into this Court, as if it were a matter of right. But in that he is mistaken j for this Court can only give relief, where the ’aw affords none ; unless the party s asking for it, could *424not avail 'himself at law ; and then, the circumstances must always be stated in the bill, that the Court may judge of them.

¶2Bill dismissed with costs.

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