¶1delivered the resolution of the court, that it was unnecessary to decide the point upon the statute of frauds, as the judges were all clearly of opinion that the length of time was a sufficient defence, and precluded the appellee from all claim to relief. That both decrees were therefore to be reversed, and the bill dismissed with costs.
5 Va. 514
Richardson v. Baker
Decided October 15, 1805
Court of Appeals of Virginia · decided 1805-10-15
Baker, in November 1794, filed a bill in chancery in the county court, against Richardson, stating that Richardson sold the equitable title to a tract of… Held: that fraud shall not be protected by the statute. 3 Ves. jr. 39, 724. It is admitted that part performance is enough ; and here was such a performance, for. Baker gave his bond for the money; which the vendor accepted ; and therefore is bound in conscience to convey the land, which was to be the consideration for it.
Decided 1805-10-15