Moale v. Buchanan
Court of Appeals of Maryland
Appeal from Chancery. The bill in this case was filed on the 8th day of June 1831, by Samuel Moale and Reverdy Johnson trustees, and Robert Lemmon fy Co. and others, creditors on their own behalf, as also on behalf of other creditors of, &c.; and alleged that E. S. Buchanan, being the ostensible proprietor of Warren Factory, and carrying on trade and commerce under the name of The Warren Factory, and being largely indebted unto R. L. £f Co., to wit, in the sum, &c., and also…
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Appeal from Chancery. The bill in this case was filed on the 8th day of June 1831, by Samuel Moale and Reverdy Johnson trustees, and Robert Lemmon fy Co. and others, creditors on their own behalf, as also on behalf of other creditors of, &c.; and alleged that E. S. Buchanan, being the ostensible proprietor of Warren Factory, and carrying on trade and commerce under the name of The Warren Factory, and being largely indebted unto R. L. £f Co., to wit, in the sum, &c., and also to, &c. — for the purpose of gaining indulgence for payment of said claims, and an extension of time for payment…
1Opinion of the CourtArcher, J.
There is no agreement in writing within the statute of frauds for the transfer of any lands to trustees in this case. The proposal R designates no land, or property to be conveyed. It proposes to convey all the property, without designating what property. To make it an agreement within the statute of frauds,, it cannot be connected'by parol evidence with schedule S. An agreement to be within the statute of frauds, cannot be partly in writing, and partly in parol. It must be entirely in writing, and signed by the parties to be charged, or their authorised agents, and if proposal R, had…
2Cases cited1 opinion
- Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
3Cited by18 opinions
- Union Trust Co. v. BiggsCourt of Appeals of Maryland · 1927
- Foster Lumber Co. v. Harlan County BankSupreme Court of Kansas · 1905
- Wood v. PattersonHigh Court of Chancery of Maryland · 1850
- Lanahan v. LatrobeCourt of Appeals of Maryland · 1854
- Popplein v. FoleyCourt of Appeals of Maryland · 1884
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