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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 455   View pdf image (33K)
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PFELTZ VS. PFELTZ. 455

posed by this answer. It is possible a different view might
have been taken of the subject in a court of equity, if, during
the life of Mr. Bowie, the defendant had put himself in a con-
dition to demand a conveyance of the title, by paying all the
purchase money he had contracted to pay.

I am not sure, however, that the value of the thing out of
which the dower is claimed, should not be diminished by the
amount of the sums paid by the defendant to Mr. Bowie, in his
lifetime, and by him applied to the payment of the land; and
as the case has not been argued on the part of the defendant,
that point will not now be decided; but the case sent to the
Auditor, to report such accounts as will enable the court to de-
termine the question hereafter.

[This order was not appealed from.]

JULIUS PETER PFELTZ

vs. JULY TERM, 1849.
ANN MARIA PFELTZ ET AL.

[CHANCERY PRACTICE—VACATING ENROLLED DECREE—BILL OF REVIEW.]

A DECREE is considered as enrolled, when signed by the Chancellor, filed by the
Register, and the term elapsed at which-it was made; and such decree can-
not be reheard upon petition.

Every decree stands, and must be allowed to stand, for what it purports to be
on its face, until it has been revised, or reversed, in a proper and solemn
manner.

A decree passed for the sale of property, for the purpose of partition among
the parties to; the cause. After enrollment of this decree, a petition was
filed by one of the parties, setting up an exclusive right to the whole proceeds
of sale. HELD—

That as the decree contained no reservation of equities, or for further direc-
tions, it was of course final upon the rights of the parties, and that this court
upon such petition, had no more power to change the rights thus settled, than
it would have to open the enrollment, and vacate the decree.

When a decree is obtained and enrolled, though on a bill taken pro con/esso, it
cannot be reheard on petition, and the remedy of the party grieved, is by a
bill to set aside the decree for fraud, or a bill of review, which only lies
against those who were parties to the original bill.



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 455   View pdf image (33K)
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