Metcalf v. Brandon

Citations

• 58 Miss. 841

Syllabus

<p>Statute oe Frauds. Enforcement of trust. Denial of contract. Chancery pleading.</p> <p>Where the defendant’s answer to a bill filed to enforce a parol trust in respect to land denies the existence of the contract alleged in the bill, the trust cannot be enforced, even though the defendant may have failed to set up in any way the Statute of Frauds. Such trust can only be enforced where the defendant admits, or at least does not deny, the contract, and also does not plead the Statute of Frauds.</p>