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No. S. PattOns heirs '. Ashley. Appeal from Chicot Circuit Court, in Chancery.

 Reversed. Opinion by Oldham. J.

 Agreement between Patton and Ashley to locate lands. The former furnished pre-emptioa claim, which was valued, and the price to be repaid with interest to furnish numbers and descriptions of other adjoining ands The latter paid for entering the pre- emptOn claim and toenter the lands to be dssig hated by the former with doaation claims and to be repaid at specified prices, with interest when the lands were sold. The pre-emptiOa claim furnished by Patton failed

 Held. that Patton did not lose his interest in the lands located under the agreement Deereed. that the Circuit Court cause an account to be stated be- tween the parties according to their several rights set forth ia the opinion and allow the heirs of Pat ton reasonable time to refund to Ashley the pay ments made by him. with interest. lana. upon the payment thereof, to decree partition of the lands

 Ringo & Trapnall, for appellants.

 Pike X Baldwin, contra.

 