
    TURPIN vs. BANTON.
    ■ tuatc evidenced Award void for uncertainty, ee ca c.
    TURPIN filed his bill against Bantdn, and, amongst other things, alleged that the defendant gave him a verbal authority to sell a negro, which belonged to the de-fgndant. That he had sold him accordingly. That jjanton threatened to bring suit for the negro, denying the authority to sell. The bill asked to perpetuate the evidence, as to his authority, and prayed that the defendant might be compelled to release his claim, &c. The Lincoln circuit court, On the final hearing, dismissed the bill- Turpin appealed.
    The cause was argued by
    
      Clay, for the appellant s and Alien*, for the appellee.
    
      
      2 Vent. 366*
    
      May 6th.
    
   The Opinion of the Court, which went into a detail of the cause, was bottomed upon, and recognised the following principles.

As a bill to perpetuate testimony, the purpose was effected by taking the depositions : and being accompanied with a prayer for relief, and brought on for hearing, the court did right to dismiss it, with costs. See Hall vs. Hoddisdon, 2 Pr. Wms. 162 — 1 Harr. Chan. Prac. 138.

An award determining “certain matters and accounts, now in dispute, and undetermined between the parties,” without shewing what matters and accounts were in dispute, is void, for uncertainty.

A bill in chancery will not lie, to compel the specific performance of an award, for the payment of a sum of money. The party’s remedy is at law.

Decree affirmed.  