Smith v. Thomas

The sale of the timber in question is regarded as involving real estate and, in order to be valid and binding, under the Statute of Frauds, had to be in writing. .Section 8034 of the Code of 1923; Miller v. Smith, 202 Ala. 449, 80 So. 833; Colbey-Hinkley Co. v. Jordan, 146 Ala. 634, 41 So. 962. Indeed, this proposition is not controverted by appellee, but it is insisted that the transaction here falls within the exception as a part of the purchase money was paid and the defendant was put into the possession of the .land.

There is a sharp conflict in the evidence as to whether the purchase of…