Howard v. Cooke

BOULDIN, Justice.

Bill by judgment creditor to set aside an alleged fraudulent conveyance of lands by the debtor, and subject the property to payment of his debts.

A Court of Equity has full power to set aside a submission for final decree, and permit the taking of further testimony by both parties. This is a matter of discretion, much as continuances and the like. Such discretion is to be exercised as in the judgment of the Judge the ends of justice require. This rule is now recognized by statute. Code of 1923, § 6645.

This is quite different from allowing an amendment to a note of testimony by…