'T'HXS Bill in Equity stated that Fish discovered an error in the patent under which he held; by which error all the land be claimed was left out of his boundaries, It stated, that Lane represented to Fish that the law would not admit of a correction of the error; and advised Fish to employ him, Lane, to cover it with a warrant he had, to obtain a grant in his name, and to convey to Fish with warranty. It stated also, that Lane engaged t® take the notes of the complainant and his brother, and to return the notes to the plaintiff, should h¿ evei; get the error rectified ; and that the error was rectified ; and that Lane would not give up the note, but sued upan it and recovered, It was objected for the defendant, that the matter here stated^ might have been proved at law; and the plaintiff would thereupon have had the came relief as he now seeks.
Taylor, Judge.
It is also stated, that the present defendant^ on the trial'at law, concealed facts which, if they had been known, would have prevented his recovery. Concealment of material facts is a good ground for corning into this court after a trial at law.
The bill was therefore not dismissed, but on issues, was made up and tried.