Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

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To each of these counts defendant Hughes pleaded several pleas; among others, that neither the promise nor any memorandum thereof w.as made in writing. To this plea the plaintiff demurred, and the court below sustained the demurrer. The unanimous opinion of the Supreme Court was delivered by Chief Justice Marshall. As to the second count he says : “ The correctness of this decision depends entirely on the application of the statute of frauds to the contract stated in the declaration. Cleon Moore is averred to have been the proprietor of a plat and: certificate of survey on which Hughes & Darby obtained a patent by using his name without authority. This tortious act did not-, divest Moore of his equitable title. The land in equity was his. Did he part with his title by the contract stated in the declaration.?: The answer must, in the opinion of the whole court, be in the> affirmative. He agreed to accept of the said compensation in. full of all claims and demands for the said land, and. for the-*596injury aforesaid. This, then, was an agreement to sell bis equitable title to tbe land for the sum of seven hundred pounds. Tbe court can perceive no distinction between tbe sale of land to which a man has only an equitable title, and a' sale, of land to which be has a legal .title. It is therefore the unanimous opinion of this court that tbe judgment upon tbe demurrer to this plea ought to have been in favor of the defendant below.”

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