Harvey v. Hayes

This is an appeal from a decree awarding specific performance of a contract to convey a lot in the city of Pensacola, and other relief.

It is argued by the appellant that there was insufficient showing of a change of possession to avoid the statute of frauds.

Omitting wholly the testimony of the appellee, an incompetent witness by reason of the death of W. H. Harvey, the evidence shows without contradiction that Harvey in his life time, leased the property for Sarah to a tenant, whom he told that Sarah was the owner and he was only the agent. Assuming that this statement would not in and of…