The 31st chapter of the Rev. Code, section 82, empowers courts of law. to compel from parties “ books, or writings, in their possession, or control, which contain evidence pertinent to the issue,” which may be on trial, “ in cases and under circumstances, where they might be compelled to produce the same by the ordinary rules of proceeding in equity.” The question, then, is, would a court of equity compel the defendant to produce the title deeds, under which lie claimed the land in controversy ; but we are not. at liberty to decide it upon the record as it now stands. As this Court said, in Wallace v. Reid, 10 Ire. Rep. 61, “ no facts are stated, upon which to enable this Court to decide whether it was erroneous to discharge the rule or not.” “ The affidavit, which is sent as a part of the case, is only evidence. The Court should have ascertained and stated the facts, so as to present the *393 question of law.” Upon the authority of that case, we must affirm the judgment in the present.

Pee Cueiam, Judgment affirmed.