468 HIGH COURT OF CHANCERY.

what it purports to be on its face, until it has been revised or
reversed in a proper and solemn manner." And as the decree
in this case purports upon its face to be a decree for the pur-
pose of making partition among the parties to the cause, it will
pot be allowed to stand as such, if the proceeds of the sale are
now taken from them and given to others.

When a decree is obtained and enrolled, though on a bill
taken pro confesso, and requires explanation, it cannot be re-
beard 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. 2
Mad. Ch. Pr., 537.

This petition certainly cannot be maintained as a bill of re-
view, either for error apparent on the face of the decree, or
upon some new matter discovered since. Upon the face of the
decree there is no error, and the petition does not profess to be
founded upon new matter discovered since; nor has the leave
of the court been obtained to file it; which is indispensable,
regarding it as a bill founded upon new matter discovered since
the decree. 2 Mad. CJi. Pr., 538; Burch et al. vs. .Scott, 1 0.
& J., 125.

And it may very well be doubted, whether, if the leave of
the court had been asked for, to file a bill of review, upon new-
ly discovered matter, it would have been granted; the inter-
ference of the court to relieve a party from the consequences of
his default depending upon sound discretion, arising out of the
circumstances of the case. Wooster vs. Woodhull, I Johns. Ch.
Rep., 541; Burch vs. Scott, 1 G. & J., 426.

The circumstances of this case are not such as to enlist the
favorable consideration of the court, or to entitle the petitioner
to be relieved from the consequences of his neglect. He states,
"that he was served with a subpena from the court, issued
against him by the name of Peter Pfeltz, to appear in said court
in said cause, upon which he inquired of the said Ann Maria,
for what purpose he had been served with a subpena from chan-
cery, at her suit; when she informed him the proceeding in
said suit was stopped, which induced him not to attend to the
cause, which he would otherwise have done."