24 HIGH COURT OF CHANCERY.

sing vs. McPherson, 3 Johns. Ch. Rep., 424, petitions to vacate
enrolled decrees were filed, and were considered by the Chan-
cellor as proper proceedings for the purpose.

Without, however, deciding that a petition was or was not
the appropriate remedy in this case, the Chancellor thinks the
prayer cannot be granted.

The order of the 18th November, 1844, made the allowance
to the trustee of commissions on the rents collected and dis-
bursed by him, and it is not until August, 1846, that any objec-
tions is made to this allowance. It certainly would be attended
with great inconvenience and be productive of injurious conse-
quences, if the decrees and orders of the court, after so great a
length of time may be set aside, except upon very strong
grounds. This objection of delay struck Chancellor Kent with
great force in the case of Lansing and McPherson, and drew
from him the remark, that to justify the interference of the court
in such a case would require a very special case. And in the
case of Wooster vs. Woodhull it was stated by the same Chan-
cellor, that there was no general or positive rule upon the sub-
ject, but that the court must exercise a sound discretion, arising
out of the circumstances of each case. In both of these cases
the relief sought by the petitions was denied, because of the de-
lay and negligence of the party applying to the court for its in-
terposition.

There would, therefore, be great difficulty in granting the
prayer of the petition of William J, Bany, upon the ground of
the delay in applying for relief against the orders, even if the
court was satisfied that the merits were with him. But the court
is not so satisfied.

The Chancellor has already expressed the opinion, that there
was an understanding or engagement, that no commission
would be charged by the trustee on the sales, and that Mr. Glenn
purchased a large portion of the property with knowledge of
that engagement, and, therefore, that as against him, certainly it
would be improper to charge commissions.

But this property, it seems, was held and rented by the trustee
from 1839 to 1846; thus devolving upon him a great deal of