Weekly notes of cases argued and determined in the Supreme Court of Pennsylvania, the county courts of Philadelphia, and the United States district ... eastern district of Pennsylvania Volume 30 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 Excerpt: ...trustees of the Harmony Society; and that L. D. Whitcomb, so far as-he bad any possession of the timber, had it under the other defendants and their privies. Although such an agreement would not vest in them a legal title, such as is vested by deed, yet, if in fact made and in part executed, and the circumstances surrounding the transaction, and the character and amount of the proof, are such that a Court of Equity would enforce it against the trustees of the Harmony Society, then, by the long-established practice in Pennsylvania, it will be recognized in a Court of law, and will constitute a good defence to this action. "It is the duty of the jury to determine matters of fact, and of the Court to determine questions of law. The nature of this part of the defendants' claim is such, that before the truth of their allegations can be submitted to you, we must determine whether the facts are such that a Court of Equity could establish and enforce the alleged parol contract. "In general, no estate in lands, tenements, or hereditaments, except leases not exceeding the term of three years, can be created without writing, by reason of the express provisions of the statute called the Statute of Frauds and Perjuries, which for more than a century has been in force in this Commonwealth. Such est tes have the force of estates at will only, and are determinable at the will of either party. "But, as the statute was designed to prevent fraud, the Courts have controlled its effect so as not to permit it to be made the instrument of fraud. Under some circumstances, an agreement to sell land, not reduced to writing, may be enforced. Where there is clear, precise, and indubitable proof that an agreement to sell land was made between the parties, upon a valuable...
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