Burford v. Tucker

On Rehearing.

BOULDIN, Justice.

The opinion is seriously challenged upon the ground that an instrument purporting to convey a leasehold interest in lands, for a longer term than one year, but fatally defective for want of adequate description of the premises, is void,- and a void instrument cannot be ratified.

The argument proceeds on the idea that such case is not within the statute of frauds, and the instrument is void wholly apart from the statute of frauds.

Suffice to say the note or memorandum required under Code § 8034, subd. 5, calls for a description of the property, identification of the…