Jenkins v. Prewitt

— This is the same cause that was before this Court at the November term, 1838, at which time a demurrer was sustained to the bill, and the complainant had leave to amend. An amendment was immediately filed, in which the complainant alleges that the matter, on which he founds his application for a review of the original decree, came to his ‘knowledge in the summer of 1828. The remaining allegátions are as stated in the published opinion of this Court in 5 Blackf. 7.

The defendant, Robert H. Prewitt, (Byrd Prewitt having deceased since the original decree was entered,) answers the amended bill,…