The defendant ought to be secured in the 100 acres according to the article; and that may be done by-ordering stay of execution until the title is secured. But he ought to pay costs, because the first act of misconduct came from him, in disavowing the article, and endeavouring to secure the whole land for himself.

Judgment affirmed, with stay of execution, until the title of the defendant to the 100 acres should be secured according to the article of agreement.