Stone v. Spillman

This suit was brought by the appellee against the appellant, to recover certain slaves claimed to belong to the estate of appellee’s intestate. The appellant suffered judgment by default, which he asked the Court to set aside, and permit him to answer. The showing seemed to be sufficient to set aside the default; but the answer, it was thought by the Court below, did not set up a meritorious defence, and the only point presented for our consideration is, as to the meritorious character of the defence offered by the defendant, the present appellant.

The answer offered, alleged that Spillman did…