Thomas v. Dockery

*697SWEPSTON, J.

The material question on this appeal is whether the petition for a writ of error coram nohis is sufficient in its allegations of accident, surprise or mistake.

The original complainant who is appellant here filed his bill February 16, 1948 to remove a cloud from his title to certain real estate he had acquired by warranty deed of defendant, alleging that after he had paid the purchase price of $600.00 defendant had placed of record a certain contract relating to the same trade by which it was made to appear that defendant had not been paid.

Subpoena to Answer was served on defendant…