Morton v. Nelson

When the case was first before us, one ground, upon which the decree of the Circuit Court was affirmed, was that complainant was barred of relief by sec. 9, of the Statute of Frauds. In the petition for a re-hearing it was insisted that the Statute of Frauds was not pleaded, and that the court had misapprehended the real condition of the record. For the purpose of correcting a mistake, if any had been made, we concluded to grant a re-hearing. Since the rehearing was granted, we have carefully gone over the record again, and in the defendant’s answer, on page 112 of the record, we find the…