124 SALMON v. CL 4GETT —3 BLAND

Salmon, was induced to lend his credit to him upon receiving, as
a security against loss, a mortgage from the defendant Thomas

parties perfectly well known to each other Falls v Robinson 5 Md 365
But if through fraud accident or mistake, a judgment is entered against a
partv for an amount or in terms different from those intended equitv will
upon full proof thereof reform and correct it Katz v. Moore 13 Aid 566
If relief is asked on the ground of mistake or accident alone there must be
clear and conclusive proof of the mistake Ibid Cf Wood v Patterson 4
Md Ch 335 Where the circumstances were such as to induce an executrix
desirous of acting in good faith to confess a judgment against her deceased
husband s estate the subsequent disco\ery by her of a receipt for the money
claimed of which she was utteilv ignorant previously will enable her to
apply successfully to equity for a new trial at law when the defence may
be investigated Gardiner v Hardey 12 G & J 365 As to interference of
equity with a judgment on the ground that it was confessed inops consilu
see Kearney v Sascer 37 Md 264 Where an administrator d b n made no
defence to a writ of scire facias issued against him for the purpose of re
viving a judgment against a former administrator but voluntarily confessed
an absolute judgment of fiat and four years afterwards upon execution
being issued applied for an injunction on the giound that he was mistaken
as to the amount of assetb in his hands held that such mistake was attnbu
table to his own negligence and he was not entitled to relief Kearny v
Sascer 37 Md 264

To obtain an injunction against & judgment on the ground that the de
fendant cannot saiely pay it he should file a bill of inteipleadei against the
parties appearing to be entitled and pay the money into Court to be held for
the benefit of the partj showing a light thereto Fowler v Lee 10 G &. J
358. A judgment is not liable to impeachment solelv upon the ground that
an attorney without instructions has entered a voluntary appearance upon
a return by the sheriff of non est and confessed the judgment though for
acting without authority he is liable to his principal Ibid A party is not
precluded from going into equity for relief against a judgment upon the
ground that he should have defended himself at law when the application
to equity rests upon an engagement within the Statute of Fiauds and void
at law but attended by circumstances which in equity take it out of the
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