General Court of Virginia, 1804

Arnott v. Nicholls

Arnott v. Nicholls
General Court of Virginia · Decided April 15, 1804 · Chase
1 H. & J. 471

Counsel

Bullitt, who argued,, Hammond and Carmichael, against the motion,

Arnott v. Nicholls

Opinion of the Court

Chase, Ch. J.

The return toth o, her i fiadas, must-be quashed, so far as it respects the land sold and conveyed by the defendant to' Thomas Goldsborough, no-fraud or collusion in the sale to him having been alleged.

The terre-tenant should have an opportunity to relieve himself, and to bring in the other terre-fenants —-Hence the. necessity of a scire facias, that all the terre-tenants may be warned.

On this motion as much may be brought out as in an action of ejectment, and more, as the court have an equitable control*

RetueN quashed.(a)

The decision in this case has been overruled by the Court of Appeals in the case of M'Elderry vs. Smith's Lessee, at June term 1807.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.