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John Perkins, Appellant, v. Edward P. Fourniquet and Harriet, his wife, and Martin Ewing and Anne, his wife U.S. 313 (1853)

handle is hein.slavery/ussccases0233 and id is 1 raw text is: DECEMBER TE'R , 1852. 313 Perkins-v. Fourniquet et al. such circumstances, it cannot be said that the act was done by the consent or will of the complainants, at all. The court, in vacating the decree, were correcting an error both of fact and of 'law; and, during the term at which it was rendered, they had full power to amend, correct, or vacate it, for either of these reasons. 2. The second point is equally without foundation. It is true, that the answers of the respondents denied fraud in the, abstract, but they admitted all the facts and circumstances necessary to constitute it, in the concrete. The general denial of the answer, only showed that the definition of fraud was much narrower, in the estimation of the respondents, than in that of courts of law and equity. In this case, a verdict was wholly unnecessary, to inforirf the conscignce of the Chancllor; and, the verdict being perfectly correct, the court very properly refused to set it aside, on any.representation from jurors thus obtained. Any argument to vindicate the correctness of the verdict and the decree of the court below, after the exhibition of the merits of this case, which we have given, would be entirely superfluous. The decree of the District Court of Texas, is therefore affirmed, Order. This cause came on to be heard, on the transcript of the record, from the District Court of the -United States for the Distict of Texas, and was argued by counsel. On considera- tion whereof, it is now here ordered, adjudged, and decreeI , by this court, that the decree of the said District Court in this cause be, and the same is hereby, affirmed, with costs. JOHN PERKINS, APPELLANT, V. EDWAM' P. FOURNrQUET AND HAR- RIET, HIS WIFE, AND MARTIN EWING AND ANNE, HIS W'IFE. Releases given by the complainants, in the present case, decided to cover the matters in controversy, and, therefore, to put an end. to all claim by them; inasmuch as thero is no proof that they were obtained by fraud or circumvention. THis was an appeal from the Circuit Court of the -United States for the Southern District of Mississippi. The case, in some of its branches, had been before the court three times before. A motion to dismiss a case between the VOL. XIV. 27

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