Armstead v. Bailey

Citations

• 83 Va. 242
• 2 S.E. 38
• 1887 Va. LEXIS 58

Syllabus

<p>1. Chancery Practice&emdash;Review&emdash;Rehearing&emdash;Assignees.&emdash;Neither bills of review nor petitions for rehearing lie for assignees.</p> <p>2. Idem&emdash;Rehearing&emdash;Case at bar.&emdash;In 1866, a creditor’s suit was brought to subject decedent’s lands. In 1876 his former wards, by petition, claimed a balance, which was ascertained and paid out of proceeds of the lands. In 1884, A. by petition claimed that he was assignee of a claim against decedent, and that after the wards came of age they received from, decedent bonds in full of their claims, and collected the same; and prayed a rehearing of the decree. • Petition set forth no newly discovered evidence, and was without affidavit that the facts relied on could not, by due diligence, have been brought to light before the decree was entered.</p> <p>Held :</p> <p>The petition was properly dismissed on demurrer.</p>