Erwin v. Vint

Decided January 18, 1819

Supreme Court of Virginia · decided 1819-01-18

<p>1 A final decree I)ti dc+ fm¡t> may be aside ala subsequent term, for goad cause shewn; m a case where relief cannot be given by bill of re-t^mpeach1 the decree ío¿ •i™d in obtaining it.(1)</p> <p>2. In this case the circumstances shewn were that the defendant against whom ■ lie decree was rendered, was prevented by mistake and accident from filing his answer, and that, in fact, his title was good to the land in controversy.</p>

Decided 1819-01-18

Judge Roane

¶1pronounced the following opinion of the Court.

¶2Under the circumstances of this case, and on the authority of the case of Kemp v. Squire, 1 Vezey Senr. 205, the Court is of opinion that the Decree ought to have been set aside, and the appellants permitted to file their answers, on payment of costs, in order to a trial of the *271cause upon its merits. The decree appealed from is therefore reversed, with Costs, and the, cause remanded, to be proceeded in according to. the principles of this Decree.