Page:United States Reports, Volume 209.djvu/322

 296 OCTOBER TEP. M 1907. Omion ot th Court. 9 U.B. to your oratrix, and upon the filing of this report this court h.11 decree a partition and division thereof in the proportion of one-haft to your oratrix, and shall declare by its decree the right of your oratrix as aforesaid-in and to the same." Firlly, after all the testimony was closed, just prior to the submission of the cause, the court allowed an amendment concerning the value .of the pieces of .property described in the bill, and which had been allotted'to the complainant by the private aree- ment, and permitted the striking out of the avermeat that some of thoee properties had been purchased by the father from his sisters with his separate funds. The various defendants pleaded re adudia,,based upon the decrees of the District and the Supreme Court putting the .areement of record. Petronila, moreover, pleaded a ]u_dgment asserted to have been rendered in a proceeding which it was alleged had been brought by the complainant Maria in an in- sular District Court to set aside the agreement. Although the judgment thus pleaded purported to be annexed to the pica, it was nat so annexed, and no reference to such judgment, if any, or to the suit in which it was rendered, is contained in the findings of fact below. The pleas having been ovekruled, answers were filed traversing all the charges of fraud as to the agreement, as to the proceedings to enforce the same, and as to the sales or contracts concerning the property which that agreement .had' transferred to the mother. The court decreed the agreement to be void for fraud. It decided that the judlpnent of the District Court, affirmed by the Supreme Court, vas void for the Same reason. It there- fore directed the erasare from the public records of the registry of title which had arisen from the inscription of the judgment. The complainant Was held to be the perfect owner, not only of an undivided half of the troperty which had been allotted to the mother by the agreement, and which was described in the bill, but also a like owner of an undivided haft of the prop- erty which the agreerant had allotted to her, and it was di- rected that the judgnut be inscribed in order to constitute

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