A sub-commissioner reported the measurement and estimates of the value of work done and furnished by M., a levee contractor, and the reports were confirmed by the Board of Swamp Land Commissioners. M. then applied to enter certain lands in part payment of the sum reported due him for levee work, and received from the Secretary of the Board a certificate that he had applied to enter the lands, and also a certificate of the balance due him after deducting the price of the lands. The Board afterwards, on ascertaining that the levee work was insufficient, rejected the reports, and canceled the certificates: Held, that the reports of the sub-commissioner, their confirmation by the board, and the issuance of the application certificate, etc., did not constitute a complete sale of the lands, so to pass the matter beyond the control and revoking power of the commissioners that they had the authority to cancel the certificatesjon ascertaining the insufficiency of the levee work, of which they were the judges-that a sale by them was not complete until the lands were legally paid for, and a patent certificate issued.

Where parties to a contract for the sale of lands mutually manifest an intention to repudiate and abandon the agreement, by a series of acts in hostility to it, neither of them can afterwards enforce the specific performance of the contract in chancery.

Appeal from Chicot Circuit Court in Chancery.

Hon. J. C. MURRAY, Circuit Judge.

GARLAND and HEMPSTEAD, for Walworth.

PIKE & SON, for Miles.

Mr. Justice FAIRCHILD delivered the opinion of the court. In May, 1852, Miles endeavored to enter at the Swamp Land Office, in Helena, about forty-six hundred acres of land, most of which was then in the occupancy of Walworth, and which, known as Point Chicot, had comprised his plantation from 1828

and 1836. The lands in question, with other lands that were occupied by Miles, were within the limits of the De Villemont claim, which had caused them to be reserved from sale by the United States. This claim being about this time adjudged to be bad, the lands were taken to be within the swamp land grant, and Miles early availed himself of the opportunity, thus afforded, to secure, with other lands, those upon which Walworth had long resided. Walworth maintains that his possession should have exempted the lands occupied by him from entry by Miles: and that the claim of Miles is founded on a violation of the rules of fair dealing, of good neighborhood, and of the personal relations between the parties, growing out of Walworth's exertions to defeat the De Villemont claim.

This part of the case may be passed over with the remark, that courts take no notice of personal obligations, or social duties, unless they involve legal rights. And this is a rule in equity as much as in law, for an equitable right is only a right to relief that cannot be redressed at all in a court of law, or as well as in a court of equity; it is not in any case a question of courtesy, of propriety, or of good behavior. The effect, then, that is to be given to what Miles claims to have been an entry of the Walworth lands, must be that which the law ascribes to it, disconnected from any question growing out of Walworth's possession, unless the law affixes a legal right to his possession.

Previous to the 6th of May, 1852, Miles had contracted to do, and furnish levee work for the Swamp Land Commissioners, in townships fifteen south, range one west, and fifteen south, range one east; and estimates of the work had been made, by which a sub-commissioner reported that for work done in section twenty-five, in the former township, Miles was entitled to the sum of two thousand, four hundred and fifty-nine dollars and eighty-nine cents; and that for work done in township fifteen south, range one east, he was entitled to the further sum of two thousand, three hundred and forty-two dollars and forty cents. Upon these reports, a confirmation was endorsed, signed by three commissioners, but the order of the Board of Commis

sioners approving the estimates, and ordering the sums named to be paid, was made upon the 6th of July, 1852; and this we take to be the first regular meeting of the board after the reports of the sub-commissioners were filed in the swamp land office. There was also endorsed upon each estimate, a receipt of payment by Miles, the first receipt expressing the payment to be in an application for lands in township fifteen south, range one east; the second, for the same, and for a certificate of thirteen hundred and fifty dollars and ninety-nine cents. These receipts were dated the 10th of May, 1852, as were also the following papers-an application of Miles, and certificate of application:

"I, James B. Miles, do hereby apply for the purchase of frl. sec. 4; frl. sec. 5; frl. sec. 7; sec. 8; frl. sec. 9; frl. sec. 16; sec. 66 17; frl. sec. 18; frl. sec. 19; frl. sec. 20, and frl. sec. 30, contain"ing 4,548.28 acres, all in 15 south, 1 east, in payment for "levee work done, and received by the commissioners, or scrip "issued to by the Swamp Land Commissioners under act "of the Legislature of Arkansas, approved 6th and 11th January, "1851.

"JAMES B. MILES."

"OFFICE OF THE BOARD OF SWAMP LAND COMMISSIONERS, "Helena, Arkansas. "This certifies, that James B. Miles has this day applied, "at this office, to purchase the following lands, to-wit: frl. sec. 4; frl. sec. 5; frl. sec. 7; sec. 8; frl. sec. 9; trl. sec. 16; sec. 17; "frl. sec. 18; frl. sec. 19; frl. 20, and frl. sec. 30, containing ❝4,548.28 acres, in 15 S., R. 1 East, in payment for levee work "done and received by the Board of Swamp Land Commission"ers, or scrip.

"W. E. BUTTS, Secretary."

These papers, the estimates mentioned, and their approval by the commissioners, constitute the claim of Miles, and must make it a title if the commissioners thereby sold the land to Miles, so as not to be able to suspend their allowances of pay

to him, and also his application to receive his pay in the lands and in scrip.

But at the same meeting of the Board of Swamp Land Commissioners, and the next day after the allowance to Miles of the sums of money named in the estimates, the following order was made: "Now on this day came H. F. Walworth, and filed his

protest against the sufficiency of the old levee as reported by "John A. Craig, in township 15 south, range 1 east, as the levee "of James B. Miles, and the further payment to said Miles for "the same until the subject matter of the protest can be investi"gated by the board.

"And the same having been fully considered by the board, it "was ordered that the application of the said Miles for lands

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upon said report, and also the report of 15 south, 1 west, be sus"pended, and also the payment of the certificate issued for the "balance of his allowance for the said levee, until the sufficiency "of said levee, and the claims arising thereon, shall be fully adjust66 ed; and it is further ordered, that said Miles be notified of the sus"pension herein until the next meeting of the board, to be held "at Helena, on the first Monday in October, 1852, to which time "the further consideration and action in this cause by the board " is continued.

And at the next term of the board, the following order was made:

"Now on this day came Horace F. Walworth, and the mat"ters and things arising upon the protest heretofore filed by "him against the levee reported by John A. Craig, in favor of "James B. Miles, situate on the west side of the Mississippi "river, in township 15 south, of range 1 east, for the insuffici66 ency of the size of said levee, and for other causes, coming

up for hearing by the Board of Swamp Land Commissioners; "and it appearing, to the satisfaction of the commissioners, "that said Miles had received due notice of the same, or that "the same had been forwarded to him, that his cause would "come up for hearing at this session of the board, and the said "Miles not appearing, the board proceeded to hear testimony

"in support of the allegations contained in said protest, and "having fully heard the same, and fully considered what order "to make herein, it is ordered that the report of said levee, "amounting to the sum of $2,342 40, be, and the same is here"by rejected, and the entries made by said Miles in said town"ship, by virtue thereof, and the certificate for the balance "thereof, granted by the secretary to said James B. Miles, be "and the same is hereby rescinded, canceled and held for "naught."

To understand, fully, the next order of the board, it may be stated here, that after the order of the board suspending the entry of Miles, had been communicated to Walworth, he wrote from Louisville, Ky., under date of 12th July, 1852, to Hornor, that, being informed of the suspension, he was anxious to prevent any other person from entering the lands in the event of the entry of Miles being rejected, and requested Hornor to enter them. for him, if the secretary could permit it to be done. The secretary permitting, Hornor, on the 21st of July, 1852, entered, in the name of Walworth, twenty-five hundred and three 84-100 acres of land, and at the bottom of the certificate the secretary noted that the lands embraced in it had been before entered by Miles, but that his entry was suspended by an order of the Board of Swamp Land Commissioners.

The next and final order made upon the allowance of the application of Miles, was made by the board on the 6th of January, 1853, and is thus:

"This day came James B. Miles and protests against the "action of the board upon the sufficiency of the levee work as reported by the sub-commissioner, and the entries of land "made by him at this office on account of said levee work. "And also came Horace F. Walworth and protests against the "sufficiency of said work, and prays it may be examined by a "suitable engineer, and against being disturbed in his claim to "the lands which he was permitted to enter after the entry of "said Miles had been canceled by order of last meeting of this