“ This action was compromised on the third day of August, 1871, by a written agreement of that date, signed by Lawson, Floyd, and Johnston. This compromise recognized that there was due to Lawson from Floyd the sum of $5,051.30, which was a lien on the real estate described in the contract, and Johnston assumed and bound himself to pay to Lawson that sum in three installments, with 6 per cent. interest, and it was agreed that the property and control of the land should be in Johnston, as an indemnity to him for the payment of this purchase money. ”

“ He also avers that the repetition of the description in the compromise agreement, 14 years afterwards, where it is said that the land 'sold by said Lawson to said Floyd,' the boundaries of which are given with more precision, is 'estimated to contain 1,000 acres,' cannot fairly be construed to be a warranty of sale of that many acres of land. ”

“ As this error pervades all the accounting, and all the reports of the referees to state the accounts between the parties, it is not possible for this court to make a correct accounting, and state what the decree should be, taking into consideration the cross-bill and the original bill. The case is therefore remanded to the district court, with directions to take an account on the principles here established, and to render a decree accordingly. ”

“ After the statement of the agreement of Lawson to pay the liens on the lands conveyed to him by Floyd, the contract proceeds: 'And also to convey to the said Floyd the property of said Lawson at Logan court-house, consisting of five half-acre lots, viz.: Nos, 8, 9, 10, 11, and 12 in the original plan of the town of Lawnsville, (now Aracoma,) and about 1,000 acres of land lying on the east side of Guyandotte and north of Aracoma; being all the lands owned by said Lawson below or north of Kezer's branch, lying back of lots Nos. ”