Robinson v. Thrailkill

The appellees claim to be the owners of a private right of way over the land of the appellant, and they base their claim chiefly on a parol contract made by the-grantor of the appellees with the grantor of the appellant.

The appellant’s counsel are right in asserting that an easement is an interest in land, and that a contract creating such an interest is within the statute of frauds. Richter v. Irwin, 28 Ind. 26; Brumfield v. Carson, 33 Ind. 94 (5 Am. R. 184); Davidson v. Nicholson, 59 Ind. 411; Browne Statute of Frauds, section 232.

If the claim of the appellees rested solely on the words of…