Cady v. Cadwell
Supreme Court of Connecticut
error. TFtiS was a bill in cjguicery, originally brought to the Superior Court, by Abram Cadwell against Cady and Isaac Cadwell.
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error. TFtiS was a bill in cjguicery, originally brought to the Superior Court, by Abram Cadwell against Cady and Isaac Cadwell. It was stated in the bill, that Isaac Cadwell, the father of the petitioner, in October, 1796, owned and possessed a farm of about 50 acres of land, and a small personal estate, in New-Hartford ; that the petitioner had, previous to this time, established himself with a small family in the city of Hartford, had erected a shop there, and was pursuing a profitable trade as a cooper; that his father and mother were old and infirm ; that his brothers and sisters, who…
1Opinion of the Court
Bai.ow i,v, J,
Although parol contracts for the sale o: lands, are void by the statute, yet, if such contract lias been performed on one pari, it has tong been settled in chancery, that aa equity ¡irises from that source, independent of the statute, to compel a peübrmímee on the other: and it is on objection, that proof of the contract, and of its performance, rests in parol, A court of chancery may, indeed, as shall, ok the whole view of a case, appear most equitable, decree a return of money expended, or a specific performance. Bui to entitle a petitioner to relief, in either mode, he must…
2Cited by3 opinions
- Crocker v. HigginsSupreme Court of Connecticut · 1829
- Watrous v. ChalkerSupreme Court of Connecticut · 1828
- McWhorter v. McMahanNew York Court of Chancery · 1840