
    Banks v. Anderson and Others.
    Friday, June 3, 1808.
    Chancery Practice — Correction of Errors of Inferior Court — Original Suit. — The superior court of chancery cannot correct errors in a decree of an inferior court, by an original suit; although in that way it may impeach such a decree for fraud; and, under peculiar circumstances, would lend its aid to carry a decree of an inferior court into effect.
    Same — Interlocutory Decrees — How Corrected. — A bill of review ought not to be granted to an interlocutory decree; but, if such decree be erroneous, it may be corrected by motion, or petition to the court.
    Anderson brought suit in the Hustings Court of the city of Richmond, against Banks, to foreclose a mortgage, and obtained a decree for a sale, which was made ; but the commissioners had not returned their report when Banks obtained leave, in that Court, to file a bill of review. He then instituted this suit against Anderson and others, to set aside the sale of the falling garden, which had been made under a deed of trust; to correct the errors of the Hustings Court in the decree aforesaid ; and for a certiorari to remove the record thereof into this court; — which was awarded.
   PER CURIAM.

It is not competent to this Court to correct the errors in a decree of an inferior Court, by an original *suit; although in that way it may impeach a decree of an inferior Court for fraud ; and, under peculiar circumstances, would lend its aid to carry a decree of an inferior Court into effect. The Hustings Court should not have received the bill of review, as the decree was interlocutory. And as the sale of the falling garden appears to have been fairly made in all respects, this suit will be dismissed with costs, as well as the bill of review ; which will leave the suit removed hither by certiorari open to be proceeded in upon the interlocutory decree, as the parties may think proper ; for the error in that, if any, can be corrected by motion or petition to the Court.  