Houston v. Townsend
Court of Chancery of Delaware
Bill in Equity for a specific performance.—This was a bill for the specific performance of a paroi contract for the sale of lands.
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Bill in Equity for a specific performance.—This was a bill for the specific performance of a paroi contract for the sale of lands. The lands in controversy consisted of the residue of the real estate of Thomas Townsend, deceased, father of the defendant, Barkley Townsend, which in certain proceedings in the Orphans’ Court for Sussex County for the assignment of dower and partition of the residue of the intestate real estate of Thomas Townsend, deceased, had been accepted by Barkley Townsend at the valuation thereof returned by the freeholders appointed to make the assignment and partition.…
1Opinion of the Court
Johns. Jr., Chancellor.
The decision of this case appears to me to depend on two questions. First, Whether there has been a part performance. Second, If there has, then whether the terms of the paroi contract as set forth in the bill are clearly proved.
1. As to. the first question,—It is now settled, that equity does decide upon equitable grounds, in contradiction to the positive enactment of the Statute of Frauds; and, in cases of part performance, will admit paroi testimony to prove the terms of a paroi contract relative to land. Hovenden, Tit. Spec. Perf. 1, 2. The ground of equitable…
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