Metcalf v. Brandon
Mississippi Supreme Court
Appeal from the Chancery Court of Wilkinson County. Hon. H. S; Van Eaton, Chancellor. The case is sufficiently stated in the opinion of the court. It will be observed that the Statute of Frauds is not pleaded by the defendant.
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Appeal from the Chancery Court of Wilkinson County. Hon. H. S; Van Eaton, Chancellor. The case is sufficiently stated in the opinion of the court. It will be observed that the Statute of Frauds is not pleaded by the defendant. From the text of Brown on the Statute of Frauds (p. 484, sect. 508) we quote the following : ‘ ‘ It is settled that he [the defendant] must by some regular pleading take advantage of it [the Statute of Frauds], and that if this is not done the court will not interpose it. The several methods of relying upon the statute seem to be these : by demurrer, plea of the general…
1Opinion of the CourtChalmers, C. J.
Mrs. Metcalf alleges by her bill that her sister, Mrs. Brandon, holds the land in controversy by deed from their father, absolute upon its face, but accompanied by a parol trust that it shall be conveyed to herself. She prays that Mrs. Brandon may be compelled to make conveyance of the laud in accordance with the trust under which she holds it. Mrs. Brandon does not by plea, answer, or demurrer, set up the Statute of Frauds, but by her answer denies that she holds the land in trust for Mrs. Metcalf. She answers, to the contrary, that she holds it in trust for brothers and other sisters, to…
2Cases cited2 opinions
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Haight v. ChildNew York Supreme Court · 1861
3Cited by10 opinions
- International Harvester Co. of America v. CampbellCourt of Appeals of Texas · 1906
- Wells v. BrooksMississippi Supreme Court · 1946
- Singletary v. GinnMississippi Supreme Court · 1929
- Williams-Hayward Shoe Co. v. BrooksWyoming Supreme Court · 1901
- Metcalfe v. BrandonMississippi Supreme Court · 1882
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