506 HIGH COURT OF CHANCERY.

scinded, either by the act of the party or the decree of the
,» court, the property had been delivered and the consideration
paid. Otherwise the court in a great majority of cases, would
be powerless to afford relief when the object of the fraud had
been accomplished.

It has been supposed, that this being a sale of personal es-
tate, the remedy should have been sought in a court of law.
But the cases which have been cited, show that, at least, this
court has concurrent jurisdiction in all cases of fraud and
damage, And in the case of Durell vs. Haley, 1 Paige, 492,
the Court of Chancery did order the restoration of goods to
the complainant upon the ground of fraud.

• In the case now under consideration, the remedy at law upon
a recision of the contract, and an action to recover back the
purchase money, would not be free from difficulty and embar-
rassment. The appropriate action, when the contract is re-
scinded by the purchaser, by returning or offering to return the
article purchased in a reasonable time, is for money had and
received, but, as in the present case, the negroes were not paid
for in money, and as it does not now appear whether the
money has been received on the securities assigned, it may, at
least, be doubted whether a count for money had and received,
could be maintained.

But I am of opinion that this court has jurisdiction; and,
Upon the grounds already stated, shall pass a decree cancelling
the contract of sale, directing a restoration of the slaves to the
vendors, and a return to the complainant of the consideration
paid for them, and for costs against the defendants.

Something was said about a provision in the decree for an
account of the hires and profits of the negroes, and other mat-
ters connected with, and affecting the equities of the parties.
But the pleadings do not make a case which will authorize
such a decree.

All that I can do upon this bill, is to rescind the contract in
toto, and put the parties, as far as practicable, in statu quo.

[An appeal has been taken from this decree, and is still de-
pending.]