The facts alleged and not denied, and therefore the facts admitted, are, that Mrs. Cureton bid off the second tract sold, because she had bid off the first tract, and that the two tracts were useful to each other, and that without the first she would not have bought the second at all, and that she had reason to believe, and did believe, that at the time she bought *669the second sbe would get the first with it. And when the sale of the first tract was set aside, she found that she had acted under a mistake of facts which no enquiry could have guarded against.
We are of the opinion, that because of this mistake she is entitled to relief in equity, which we administer in th|is action. One buys a match of horses because they are a match; he wants both or neither. If the vendor withholds one, he cannot compel the Vendee to take the other. That would be admitted to be so where there is but one contract, but in our case there were two contracts, each tract bought separately. But still, the second was bought with reference to the first, and they were really the same tract divided, and upon which the purchaser had dower. So that, under the circumstances, she not unreasonably supposed that she was buying and would get the whole tract.
There is no error. This will be certified to the end that the Court below may proceed according to law.
Pee Cueiam:. Judgment affirmed.
Note. — In a kindred case, Lovenier v. Pearce, ante 167, at this term, we have considered the powers of the Probate Judge and the right of appeal and the practice in appeal, and therefore it is unnecessary to repeat in this case.