Zane's Devisees v. Zane, 6 Munf. 406 (1819), 20 VA 406
Picture it, Wheeling Island in the Ohio River in Wheeling, WV (then VA).
Brother gets patent to entire island in the 1770s on the parol understanding the brothers would split the island, they had a Surveyor run the dividing line in 1784 but never got around to doing the Deed before the brother with title died. The children of brother in Title sued in 1815 to eject their Uncle and lost in Chancery Court (equity). I haven't read the entire appellate opinion yet.
Makes me glad I don't have very many relatives.
I read further, they offered Uncle Jonathan a life estate after he had been in sole possession of the ground for 30+ years.
The Virginia Statute of Frauds was enacted in 1785 according to the case and the Parol agreement occurred prior.
very curious...
Statute of Frauds is common law is it not? (stemming from old England on Independence)
State law would confirm and define... but I am many years out of school.
did Uncle Jonathan end up with a life estate or sole title?
Peter Ehlert, post: 374344, member: 60 wrote: very curious...
Statute of Frauds is common law is it not? (stemming from old England on Independence)
State law would confirm and define... but I am many years out of school.did Uncle Jonathan end up with a life estate or sole title?
The Court ruled that Jonathan had Title to his portion of the island
The Statute of Frauds was enacted by Parliament in 1677.
Most or all States have enacted it by Act of the Legislature.
In California The Statute of Frauds is found in the Civil Code å¤ 1624.
Also see 1 Miller & Starr Cal. Real Est. å¤ 1:70 (4th ed.): Agreements required to be in writingÛÓIn general,
Attached is the full case text...
