1 Barb. Ch. 596 | New York Court of Chancery | 1846
It has repeatedly been decided, in this court, that a final decree which has been regularly entered, upon a hill taken as confessed, will not be set aside upon the mere affidavit of the defendant that he is advised he has a good
The objection that the decree is erroneous, and is not warranted by the allegations in the bill upon which it is founded, affords no sufficient ground for vacating the decree upon motion. If it was erroneous in that respect, the remedy of (he appellants was by an application for a rehearing, and in the form prescribed by the rules of this court. Or, if the decree had been enrolled, the remedy was by a bill of review. There was, perhaps, a technical error in taking the decree for the balance due on account of the advance made upon this acceptance, without proof that the value of the property mentioned in that acceptance, and
The order appealed from must therefore be confirmed with posts.