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SfH INDEX.

PRACTICE IN CHANCERY—CotiHiMttd.

31. The complainant cannot rely upon the admissions of the answer, and
obtain relief upon those admissions, unless he has set them out in his
bill. Ib.

33. A complainant in his bill cannot put in issue whatever he intends prov-
ing, otherwise the evidence will be excluded. The Court of Chan-
cery decrees only semndum allegata et probata. Ib.

33. There being no allegation in the bill of part performance, the evidence
seeking to establish, it was excluded. Ib.

34. When a deed is rendered inoperative and void, by disproving the con-
sideration expressed in it, evidence of a different consideration will
not be received to set it up. Elysfille Manuf. Co. vs. OJdsko Co., 392.

35. But, where a party maintains the validity of a deed, and seeks, upon
the allegation that the consideration money has not been paid, to en-
force its payment by the assertion of the vendor's lien, evidence may
be admitted to prove, that he has been satisfied for the purchase money,
by receiving something else as an equivalent therefor. Ib.

36. When a court of equity has control of both personal and real estate,
it will, in order to prevent circuity, and save expense and delay, an-
ply them in the order in which, as between the heir and executor, they
are liable. Goodhv,rn. vs. Stevms, 420.

37. 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 cannot be reheard upon petition. Pfdts vs. Pfeltz, 455.

38. Every decree stands, and must be all owned to stand, for what it pur-
ports to be on its face, until it has been revised or reversed, in a
proper and solemn manner. Ib.

39. 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
directions, 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 en-
rollment and vacate the decree. Ib.

40. When a decree is obtained and enrolled, though on a bill taken pro
conftsso, 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 re-
view, which only lies against those, who were parties to the original
bill. Ib.

41. A bill of review founded on new matter discovered since the decree,
cannot be filed without leave, and the granting of this leave, is left to
the sound discretion of the court, arising out of the circumstances of
each case. Ib.

42. 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, copies too late. Ib.