466 HIGH COURT OF CHANCERY.

A bill of review founded on new matter discovered since the decree, cannot be

filed without leave, and the granting this leave, is left to the sound discretion

of the court, arising out of the circumstances of each case.
The limitation of time, as to appeals from the decrees of the court, applies to

the right of filing bills of review, and such a bill, filed nine months after the

date of the decree, comes too late.

[The facts in this case are stated in the Chancellor's opinion.]

THE CHANCELLOR :

In this case a bill was filed by Ann Maria Pfeltz and George
C. Pfeltz, on the 4th of April, 1845, alleging that Charles William
Pfeltz, the husband of the female complainant, died in the year
1837, intestate, and seized in fee of certain parcels of land in
Baltimore county, leaving the said Ann Maria, his widow, and
five children, his heirs at law, among them the complainant
George, and Peter Pfeltz, the same person now called Julius
Peter Pfeltz, and the bill to which the heirs at law were made
parties, prayed for a sale of the property, or that the female
complainant might be let into the receipt of one-third of the
rents and profits, &c.

The defendants being summoned, and not having appeared
or answered, an interlocutory decree against them passed on
the 28th of October, 1845, and the case being proved under an
exparte commission, a final decree passed on the 11th of July,
1846, directing a sale of this property for the purpose of parti- •
tion. The sale was made accordingly, and finally ratified and
confirmed on the 3d of November, 1846.

Afterwards, to wit, on the 19th of October, 1847, Julius
Peter Pfeltz, one of the defendants to the bill, filed his petition
in the cause, claiming the said lands as his own individual
property, under a deed which he alleges was made by his father,
in April, 1832, to one Job Smith, in trqst for him and his
children, and insisting, that the whole of the net proceeds of
the sales should be paid to him, after deducting a reasonable
allowance to the widow for dower.

The petition was subsequently amended, by making the
children of the petitioner parties, and praying that the proceeds