Hoyt v. . Rich

The proceedings in this case have been so irregular that we should probably be obliged to reverse the judgment rendered below, even if we concurred in the opinion expressed by the judge. The Act of 1798, 1 Rev. Stat., ch. 42, sec. 31, which first authorized a person claiming title under a grant, and aggrieved by the issuing of a subsequent grant, to have the latter vacated upon his petition, because made against law or obtained by false suggestions, surprise or fraud, directs (675) that a scire facias shall issue as the leading process; that the proceedings thereon shall conform to the…