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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 457   View pdf image (33K)
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PFELTZ VS. PFELTZ. 457

\ of the sales, after deducting the value of the dower, should be
invested for the use of the petitioner for life, and, after his death,
for the benefit of his children, according to the provisions of the
said trust deed.

This is the case, then, of an application by petition, to open
and revise a decree, after the term has passed at which it was
made. The decree passed before the commencement of the
sittings of the July term, 1846, and, consequently, that term,
and the then ensuing September and December terms had
closed, before the petition was filed; and a preliminary question
presents itself, as to the power of this court, upon petition, to
rehear the matters settled by the decree.

In Burch etal. vs. Scott, 1 G. & J., 393, the Court of Ap-
peals decided, that a decree signed and enrolled, could not be
reheard upon petition, and that a decree would be considered
as enrolled, when signed by the Chancellor, filed by the Regis-
ter, and the term had elapsed at which it was made.

... This decree, then, is to be regarded as enrolled; and it is
clear, that if an application were made, by petition, to open
the enrollment and vacate the decree, it must be refused.

It may be said, however, that this is not an application to
vacate the decree, but to give the fruits of it a different direc-
tion from that which, upon the proceedings as they stood at
the time it passed, they would take; that is, that instead of
* distributing the proceeds of the sale among the parties, accord-
ing to their rights and interests as displayed upon the face of
the proceedings, the whole amount shall be given to one of
those parties for life, with remainder to persons who were not
parties to the decree.

But the decree contained no reservation of equities, or for
further directions, and was of course final upon the rights of
the parties, and this court, therefore, in this way, has no more
power to change the rights thus settled, than it would have to
open the enrollment and vacate the decree. 2 DanielPs Ch. Pr.,
1199.

In Estep vs. Watkins, 1 Bland, 489, the late Chancellor
said, "every decree stands, and must be allowed to stand, for
VOL.i—39



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 457   View pdf image (33K)
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