The opinion
Per Curiam. Bassett, C. J.
It is contrary to our rules to set aside an execution returned to a former term; there ought to be times within which people ought to apply for redress.
Johns, J.
This would be a total loss of plaintiffs’ debt, being foreigners and the estate insolvent; a court of equity would compel the party claiming justice also [to] do it himself.
Rodney, J., accordant.