Supreme Court of Virginia, 1816

Johnson v. Hendley

Johnson v. Hendley
Supreme Court of Virginia · Decided November 9, 1816
5 Munf. 219; 5 Va. 219; 1816 Va. LEXIS 37

Johnson v. Hendley

Opinion of the Court

*220In this Court, the following opinion and decree were pronounced, November 9th, 1816 :

“ The Court, not concurring in opinion with the Court of “ Chancery that this case is proper for the jurisdiction of a “ Court of Law in exclusion of that of a Court of Equity, re- “ verses the Decree, which on that ground dismisses the Bill; “ but, there being a great mass of testimony, exhibited in the “ case, the weight of which the Court is incompetent to decide “ on, without the intervention of a Jury, this Court, proceed- “ ing to give that Decree, which ought to have been rendered “ by the Court of Chancery, directs an issue to try whether “ the fraud, alleged, in the Bill to have been practised, and “ which is made the ground thereof, was perpetrated by the. “ Appellee, or not.”

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