Atkins v. Sayer

Lively, Judge:

Having sustained the demurrer to plaintiff’s bill and over ruled a motion of plaintiff to strike a special plea, setting up the statute of frauds in bar to the bill, the circuit court certified its rulings to this court for review.

The bill prays for the specific performance of a verbal contract for a tract of land containing about 12 1/10 acres surface lying on the waters of Big Munsey in Mingo county, the title to which is now in defendants, the heirs at law of Matilda Ferrell, deceased. The bill charges in substance that Matilda Ferrell and her husband, Jacob Ferrell, in their…