This section contains the nature of the case and procedural background.

Ellison entered into an agreement with Ds to convey two farms with 763 acres in exchange for an equal, undivided third part of two lots of land in Newburgh. The agreement was executed January 14, 1820, and by the terms, each part was at liberty to take possession of the estate conveyed to him and to receive profits. Witnesses differed greatly as to the value of the lands, but the court was convinced that the village lots were not worth half the value of the country farms with their respective values fixed at $6,000 and $12,000. A dispute was entered into relating to the specific performance of the contracts, as P wanted to enforce the transaction and Ds, the ancestors of Ellison did not.

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