This bill in chancery states that the complainant was the owner in fee of lot No. 3, in block No. 25, in the town of Marshall, on which was a dwelling house and other improvements, of the value, in all, of about $1,000 ; that he made an agreement to exchange with defendant for the N. W. qr. of the S. W. qr. of section 30—40 acres—and 20 acres off the W. hf. of S. W. qr. of section 29, to be taken out of any portion thereof which complainant might want—all of said lands lying, etc.; that in pursuance of such agreement, complainant executed and delivered to defendant a warranty deed for said lot; that defendant took immediate possession of the same, and had been receiving and enjoying the rents and profits of the same; that at the time of executing such deed by complainant, defendant, in consideration thereof, agreed that defendant and his wife would execute and deliver to complainant a good and sufficient warranty deed for the said lands ; that defendant had.failed and still refused to make such deed.

Bill prays that defendant be decreed to convey to complainant, by a good and sufficient deed of warranty, signed, sealed and acknowledged by himself and wife, the said lands by him agreed to be conveyed; that in default thereof, a commissioner do so for him; and that defendant be decreed to pay the amount of rents and profits received by him on said lands to complainant; and concludes with prayer for general relief.

The defendant filed his answer to bill, and the complainant filed his exceptions thereto. Exceptions of complainant were sustained to defendant’s answer, and leave given to answer again.

At same term of court, defendant withdrew his appearance in the cause.

At same term of court a decre§j3?~o confesso was taken against defendant. Decree recites the ■kng of the court to be: That complainant was the owner in feSFf lot No. 3, in block No. 25, in Marshall; that complainant made an agreement with defendant to exchange, etc.; that in pursuance of such agreement, complainant executed and delivered to defendant a good and sufficient deed for the said, lot in Marshall; and that the defendant has refused to convey to complainant the lands. Decree then directs that defendant, within twenty days, make, execute and deliver to complainant a good and sufficient deed, free from the dower interest of his wife, to the said lands; that complainant recover from defendant $30 damage sustained by him, by reason of the defendant’s non-performance of his agreement, together with costs, etc.

At the November term, 1858, defendant filed in the said court his petition for leave to file a bill for review in the said cause.

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