112 BURCH v. SCOTT.
convey unto the plaintiff, John Hoffman, his heirs and assigns, in
fee simple, all those several tracts of land in the proceedings men-
tioned, called "Fout's Delight," and "The Resurvey on Beauty,"
and all their interest in that other parcel of land included by a
warrant of resurvey on those tracts under the name of "The
Reunion." And it is further decreed, that Henry Hoffman is
hereby constituted and appointed trustee, under the last will and
testament of the late James Hunter; and that he, by a good and
sufficient deed, executed and acknowledged according to law,
convey unto the complainant, John Hoffman, all the legal title of, in
and to the said tracts of land. And it is further decreed, that the
defendants pay unto the complainants their costs, to be taxed by
the register.
BURCH v. SCOTT.
Where a party admitted, that he had obtained a decree by default for more than was
due; and did not allege, that he had since lost any of his testimony; and it
appeared that the defendant had negligently omitted during a space of about five
months to put in his answer; but averred by bill on oath, that he had a good and
available defence on the merits; the decree was set aside, and the defendant let in
to answer on payment of costs.
All orders and decrees in Chancery may be altered, revised, or revoked during the
term at which they have been passed, on motion or petition; but after the term,
the party can only obtain relief by original bill or bill of review.
Relief against a decree obtained by fraud can only be obtained by original bill, not
by a mere bill of review.
A decretal order, in England, is most commonly that which is drawn up as the sub-
stance of, and as preparatory to a final decree; and it may in some respects be
enforced as a final decree. Here no such decretal order is ever made.
A bill of review lies after the decree is signed and enrolled, and it is considered as
enrolled after it is signed by the Chancellor and filed by the register.
Restrictive orders staying the court's own decrees treated as injunctions.
A bill of review, or the like, does not of itself operate as a suspension of the execution
of the decree complained of.
It is stated in the bill, which was filed on the 14th of July,
1823, that in the year 1803 Jesse Burch died intestate, and that
administration on his personal estate was granted by the Orphans
Court of Washington county, in the District of Columbia, to Ms
widow, Jane Burch, who took possession of Ms personal estate
accordingly: among which personalty were three negro slaves, as
mentioned in the inventory returned by her; that since the death
of the intestate, Jesse, those negroes had several children; that
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