Legal Opinion

Griffith v. Abbott

Supreme Court of Vermont

Decided October 15, 1883PublishedCited by 4 opinions

[In Chancery.] Bill in Chancery. Heard on the report of a special master, September Term, 1882, Rutland County. Yeazey, Chancellor, decreed that defendant Baker should convey by quit claim deed the land in question to the orator. The bill was brought to compel the defendant Baker to deed certain wild lands in Mount Tabor to the orator. The master found in substance : That the orator, Geo.

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[In Chancery.] Bill in Chancery. Heard on the report of a special master, September Term, 1882, Rutland County. Yeazey, Chancellor, decreed that defendant Baker should convey by quit claim deed the land in question to the orator. The bill was brought to compel the defendant Baker to deed certain wild lands in Mount Tabor to the orator. The master found in substance : That the orator, Geo. C. Winchester and Charles Winchester owned certain wild lands, each an undivided third; that the defendant Abbott owned a note executed by said Geo. C.; that the defendant attempted to sell the note to the…

1Opinion of the Court

The opinion of the court was delivered b3r

Ross, J.

This is a bill to compel a specific performance of a contract, not in writing for the conveyance of land. The facts are fully set forth in the master’s report. The defendants rely upon that provision of the Statute of Frauds which denies a right of action upon a contract for the sale of an interest in land, which is not in writing and signed by the party to be charged. The orator claims that the contract was for the sale of the note which was sued in the name of the defendant Baker and the land in question, set off upon the execution issued on…

2Cases cited2 opinions

  1. Stark v. WilderSupreme Court of Vermont · 1864
  2. Administrator of Pike v. MoreySupreme Court of Vermont · 1859

3Cited by4 opinions

  1. Olmstead v. AbbottSupreme Court of Vermont · 1888
  2. Holmes v. CadenSupreme Court of Vermont · 1884
  3. Elliott v. JenkinsSupreme Court of Vermont · 1896
  4. Kittredge v. KittredgeSupreme Court of Vermont · 1906

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