Kay v. Curd
Court of Appeals of Kentucky
Appear from the Trimble Circuit. Chancery. Case 23 'She- case stated. Decree of the Circuit Court. ■ Questions presented. The terms of & contract for the sale of land, to take it out of the influence of the statute of frauds and perjuries, must be in writing.
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Appear from the Trimble Circuit. Chancery. Case 23 'She- case stated. Decree of the Circuit Court. ■ Questions presented. The terms of & contract for the sale of land, to take it out of the influence of the statute of frauds and perjuries, must be in writing. Fugate vs Hans-ford, (3 Litt.) cited where an order to trustees of a town describing a lot by its number, and acknowledging the payment of the whole consideration, was held to be sufficient to take the case out of the statute. It must be regarded now as the settled rule of decision, that contracts for the .sale of lands, must be so far…
1Opinion of the Court
Judge Bbeok
delivered tlie opinibn of the Court.
Merryman B. Curd purchased, by executory contract', from Robert Wickliffe, a tract of land on the Ohio river, in the county of Trimble. Curd obtained possession of the land, and having laid it off into lots, sold his brother-in-law, Kay, a lot containing sixty-four acres. The sale was a verbal one. Kay obtained possession, improved it and resided upon it for several years, and finally sold it to Casey. In 1835, Kay, upon a settlement of various-matters and transactions between him and Curd, including the purchase money for the sixty-four acres of…
2Cases cited3 opinions
- Ellis v. Deadman's heirsCourt of Appeals of Kentucky · 1816
- Fugate v. Hansford's Ex'rsCourt of Appeals of Kentucky · 1823
- Gallatin v. BradfordCourt of Appeals of Kentucky · 1808
3Cited by10 opinions
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Dunphy v. RyanSupreme Court of the United States · 1886
- Campbell v. PreeceCourt of Appeals of Kentucky · 1909
- Grainger v. JenkinsCourt of Appeals of Kentucky · 1913
- Overstreet v. RiceCourt of Appeals of Kentucky · 1868
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