Pond v. Sheean

Citations

• 132 Ill. 312
• 8 L.R.A. 414

Syllabus

<p>1. Statute oe Frauds—parol contract for sale of land—performance to take a case out of the statute. A parol contract for the sale of land will be enforced when the purchase money has been paid, possession taken under the contract, and lasting and valuable improvements made on. the land.</p> <p>2. Same—parol promise to one’s child—performance by the latter-Where the owner of land makes a parol promise to his child to convey lands to him, and the child goes into possession relying on such promise, and makes valuable and lasting improvements, such promise will rest upon a valuable consideration, and may be enforced in a court of equity.</p> <p>3. Same—parol agreement to convey — taking possession essential. But a court of equity will not decree the specific performance of a parol agreement to convey lands, where the purchaser has not entered into-possession under the contract.</p> <p>i. In this case, a person having no children of his own, took an infant daughter of a relative of his wife, to raise as a member of his family,, and promised orally, with his wife’s consent, that if the child’s father would permit her to become a member of his family, and assume file-name of her adopter, and allow her to live with the family of the latter,, he would, on his death and that of his wife, give the child all the property he might own. The contract was fully performed by the child and her father. It was held, that a court of equity could not decree a. specific performance of the parol agreement, solely on the ground that-the adopted child had never been put in possession of the property under the contract.</p> <p>5. Same—as to lands and personalty—in one contract—treated as an entirety. A verbal agreement to give all of one’s lands and personal property, at his death, to a designated person, will be regarded as an entire contract, so that if it is determined to be void as to the realty, it. will be void as to the personal property also.</p>