Beard v. Linthicum
High Court of Chancery of Maryland
[The object of this bill, which was filed by Harriet A. Beard, administratrix of John Beard, deceased, was the specific performance of a contract for the sale of land, alleged to have been entered into between the deceased husband of the complainant, and John H. Linthicum; and also a writ of ne exeat against the said Linthicum.
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[The object of this bill, which was filed by Harriet A. Beard, administratrix of John Beard, deceased, was the specific performance of a contract for the sale of land, alleged to have been entered into between the deceased husband of the complainant, and John H. Linthicum; and also a writ of ne exeat against the said Linthicum. The bill stated that Beard, in his lifetime, had bought a parcel of land from George H. Stewart, for the sum of three thousand dollars, which he afterwards agreee to sell to Linthicum for the same price, increased by the interest which had accrued on the purchase money…
1Opinion of the Court
The Chancellor :
This is a bill for the specific performance of a parol contract to sell land, and the contract being denied by the answers, and the statute of frauds insisted on, an effort has been made, on the part of the plaintiffs, to take the case out of the statute of frauds by proving acts of part performance.
It has been repeatedly remarked by eminent judges that the disposition which at one time existed, to relax the statute of frauds, should be opposed, and that the courts should take a stand against any further encroachment upon its provisions, and not go beyond the rules and…
2Cases cited2 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Benedict v. LynchNew York Court of Chancery · 1815
3Cited by11 opinions
- Campbell v. ThomasWisconsin Supreme Court · 1877
- Ballou v. SherwoodNebraska Supreme Court · 1891
- Ulrey v. KeithIllinois Supreme Court · 1908
- Tryce v. DittusIllinois Supreme Court · 1902
- Bauer v. Lumaghi Coal Co.Illinois Supreme Court · 1904
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