Parish v. . Hill

Stacy, C. J. The determinative facts bearing on tbe questions pre-

sented are as follows :

1. During tbe latter part of February, 1926, J. J. Womble and wife, Meta Ellen Womble, who were at that time tbe owners of tbe land described in tbe complaint, tbe rent for which is now in dispute, agreed to exchange said land for certain lands near Cary, owned by K. P. Hill.

2. Womble and wife duly executed a deed for their land and placed the same in escrow to be delivered only upon condition that Hill should convey, by good and sufficient deed, his lands in Cary to Meta Ellen Womble.

3. Tbe Wombles…