New York Court of Appeals May 22, 1877 (Ross v. . Wood)

Allen, J.

The rule as stated by Ch. Kent in

Foster

v. Wood’ (6 J. C. R., 87), is, that chancery will not relieve against a judgment at law on the ground of its being con- • trary to equity, unless the defendant in the judgment was ignorant of the fact in question pending the suit, or it could not have been received as a defense, or unless he was prevented from availing himself of the defense by