Lane v. McKeen
Supreme Judicial Court of Maine
This is a bill in equity, in which the plaintiff alleges, among other things, that Richard and Elizabeth Tappan were seized of an undivided share in certain lands in her right, and in order to make an equitable and just partition thereof, between the respective proprietors, agreed by parol to convey her interest- in this tract to an ancestor of the present plaintiff in equity, whose right he has, and suffered his said ancestor to enter into possession thereof; but that…
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This is a bill in equity, in which the plaintiff alleges, among other things, that Richard and Elizabeth Tappan were seized of an undivided share in certain lands in her right, and in order to make an equitable and just partition thereof, between the respective proprietors, agreed by parol to convey her interest- in this tract to an ancestor of the present plaintiff in equity, whose right he has, and suffered his said ancestor to enter into possession thereof; but that before the promised conveyance was made, Richard and Elizabeth Tappan died, and that the defendants, heirs at law of said…
1Opinion of the Court
After a continuance for advisement, the opinion of the Court was drawn up by
Shepley J.-
There are difficulties in the way of the plaintiff in maintaining this bill, which cannot be Overcome. The contract *305attempted to be proved to convey the real estate of the wife is not in writing, and it is not taken out of the statute of frauds by part execution. There has been no such delivery and change of the possession from one party to the other as is necessary for such a purpose. But it is not necessary to examine the testimony to prove this; for the contract, had it been in writing, and signed by the…
2Cases cited2 opinions
- Butler v. BuckinghamSupreme Court of Connecticut · 1813
- Watrous v. ChalkerSupreme Court of Connecticut · 1828
3Cited by3 opinions
- Strahan v. HaynesArizona Supreme Court · 1928
- Duncan v. JenkinsCourt of Appeals of Kentucky (pre-1976) · 1926
- Perry v. Mechanics' Mutual Ins.District Court, D. Rhode Island · 1882