Laesch v. Morton

The law applicable to this case is well settled, and the only question for our consideration is, whether the évidence of the defendant, when given its full weight and purport, is sufficient to sustain the judgment. The perpetual right of way, which the defendant claims he acquired from plaintiff, constitutes an easement or interest in land. The oral agreement upon which he relies is within the statute of frauds, and under the well settled rule, in order to take such agreement .out of the statute of frauds, it is incumbent upon him to support the same by clear, definite and conclusive proof. —…