Purcell v. Miner
Supreme Court of the United States
PuRCELL filed a hill against Coleman, Miner and wife, and others, in the Supreme Court of the District of Columbia, where the statute of frauds — enacting that all estates in lands made by parol only and not put in writing and signed by the parties making the same shall have the force and effect of estates at will only — is in force.
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PuRCELL filed a hill against Coleman, Miner and wife, and others, in the Supreme Court of the District of Columbia, where the statute of frauds — enacting that all estates in lands made by parol only and not put in writing and signed by the parties making the same shall have the force and effect of estates at will only — is in force. The bill set forth that Coleman having a house in 'Washington, and he, Purcell, a farm in Virginia, “ a trade” had been made between them; and the possession and key of the house delivered to him by Coleman, and full payment admitted by Coleman’s receiving the…
1Opinion of the Court · GrierJustice Grier
A contract for the exchange of lands is as much within the statute of frauds as a contract for their sale, and a party seeking to enforce a specific execution of a parol contract for that purpose, must bring himself within the same conditions before he can invoke the aid of a court of equity. The statute, which requires such contracts to be in writing, is equally binding on courts of equity as courts of law. Every day’s experiénee more fully demonstrates that this statute was founded in wisdom, and absolutely necessary to preserve the title to real property from the chances, the uncertainty,…
Also in this document: Opinion of the Court · Grier.
2Cited by81 opinions
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- Dunphy v. RyanSupreme Court of the United States · 1886
- Formby v. WilliamsSupreme Court of Alabama · 1919
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