Dickerson v. Mays

Citations

• 60 Miss. 388

Syllabus

<p>Statute oí Frauds. Deed fraudulently obtained. Relief. Parol contract. Case in judgment.</p> <p>In 1871, J. bought from L. a house and lot in Ashland, and paid for it, but neglected to get a deed thereto. He gave the house and lot to his daughter M.r and son H., who took possession and resided on it till 1873, when they agreed to exchange it with D. for certain property which he owned. M. and H. gave possession of the house and lot to D., and instructed L. to convey to him the title thereof, but at H.’s request the deed was made to his son, and was never filed for record. After getting possession of the Ashland property, D. refused to surrender to M. and H. the possession of the property which he had agreed to exchange for it, or to make them a deed thereto. M. bought H.’s interest in the property, and, in 1879, filed a hill in chancery for the purpose of having the title to the Ashland property, or to that which D. had agreed to exchange for it, vested in her. D. and his son demurred to the' hill on the ground that J.’s contract of purchase of the Ashland property, the gift thereof to complainant and her brother, and the contract of exchange-with D. were all parol merely, and could not he enforced. Held, that the bill is not obnoxious to the Statute of Frauds, as it does not seek the enforcement of a parol contract for the sale of land, but the cancellation of a conveyance which it is inequitable for the defendants to hold.</p>