
    Hooe v. Barber et al.
    Spring Vacation,
    1809.
    1. Decrees — Setting Aside on Motion. — A decree of a preceding term, against a defendant who was then dead, set aside on motion.
    2. Same — Against Absentee — Answer — Terms. — On what terms the answer of a defendant, against whom there has been a decree, as an absentee, maybe received.
    A motion was made by .Mr, Botts, to set aside the decree of the last Court as to one of the defendants who was then dead, as now proved by an affidavit; and to *file the answer of another defendant against whom there was a decree, as being out of the country.
    
      
      tAnswers. — See monographic note on “Answers in Equity Pleading” appended to Tate v. Vance, 27 Gratt. 571.
    
    
      
      «Decrees. — See monographic mo on “Decrees” appended to Evans v. Spurgin, 11 Gratt. 615.
    
   By the Chancellor.

Bet the decree be set aside as to the defendant who was dead at the time of the rendition thereof; but the answer of the absent defendant cannot be received, but upon paying down or giving security for the payment of such costs as the Court shall think reasonable, unless the plaintiff will consent that the answer may be filed without such security.  