
    Philip Owens v. William C. Hall
    ERROR to the district court of Brown county. Action for specific performance of contract for sale of real estate.
    
      A. G. W. Garter and J. JB. Eaton, for plaintiff in error.
    
      White, Taylor, Murray $■ Johnston, for defendant in error.
   By the Court

Held:

1. The action may be brought either in the county where the land lies, or in that where one of the defendants resides.

2. A decree for a specific performance on the part of the defendant, without finding or requiring performance on the part of the plaintiff of his part of the agreement, is erroneous.

Judgment reversed.  