for cause, alleged tbat tbe same did not state facts sufficient to constitute a cause of action, wbicb were sustained by tbe court, and a decree rendered dismissing tbe case and for tbe recovery of tbeir costs. From tbis decree tbe cause comes bere by appeal.
Tbe bill of review as amended, distinctly alleges tbat tbe description of land actually conveyed by tbe mortgage and tbe decree for tbe sale of tbe land, were erroneous in tbis: tbat it was thus described as tbe west half and tbe northeast quarter of tbe north-east quarter of tbe section, when in truth and in fact, it was tbe intention of tbe parties tbat tbe west half and tbe north-east quarter of tbe south-east quarter of tbe section, should be conveyed. By these demurrers, it is claimed by defendant's counsel, tbe question was raised tbat tbe time within wbicb tbe bill of review should be brought to reverse and reform tbe erroneous decree bad barred tbe right, and tbat, accordingly, tbe amended bill should be dismissed. • It is conceded tbat more than one year bad elapsed after the discovery of tbe mistake before tbe bill was filed. It is undoubtedly tbe law tbat a bill of review to reverse a decree erroneous upon its face, by analogy to tbe time for taking appeals, must be filed within one year from its enrollment, and tbe same rule applies to a bill brought for tbe same purpose where tbe decree itself shows no error, but wbicb error is afterwards discovered when tbe same period of time has elapsed after tbe error was discovered.
Before a bill for tbe latter cause can be filed, leave of tbe court must be obtained, and should leave be given and tbe bill filed, in such a case it would be an error wbicb tbe defendant might have corrected, by proper proceedings for tbe purpose, in tbe appellate court. When, however, tbe court *542lias given leave, it operates as a protection to tbe party filing tbe bill, and no advantage can be taken of tbe error by demurrer.
In overruling the motion for a new trial, and in deciding tbe demurrer to tbe amended bill, the counsel for defendant seemed to be of tbe opinion that because tbe petition bad not been prevented and tbe bill filed within one year, after tbe discovery of tbe error, tbe irregularity was so fatal to tbe equities of tbe plaintiff, that a demurrer would reach it on that ground. In support of this view many authorities have been cited, all of which we have carefully considered, and among them is 10 Wheat. 152. In this ease this question was fully considered, and tbe court say that a bill not filed within tbe prescribed period for error apparent on tbe face of tbe decree, should be dismissed for that reason; but as tbe bill was filed on leave of tbe court, it was tbe unanimous opinion of tbe judges, that they would give