16 Wis. 140 | Wis. | 1862
By the Court,
The only question presented on this appeal is, whether the complaint sets forth sufficient to take the parol agreement for the sale of the land out of the statute of frauds. The facts alleged are substantially as follows : Lands which the plaintiff had sold by warranty deed, and the title to which he was bound to defend, had been sold for taxes, and tax deeds were issued and recorded, but they are averred to have been illegal and void. The law in force at the time these deeds were recorded, required the owner to bring his action for the recovery of the land within three years from the recording. But before the three years had expired, and while the matter, relating, as it did, to the remedy only, was subject to legislative control, the time was further extended for three years, by chapter 197, Gen. Laws of 1859. Before his right to bring an action was barred under this law, the plaintiff employed attorneys to commence a suit to recover the land and have the tax deeds declared invalid. At this time the defendant, Lewis, who was then the holder of the tax title, made a verbal agreement with the plaintiff, that if the latter would pay him seventy-five dollars and discontinue his legal proceedings, Lewis would convey the premises to the plaintiff. The plaintiff, in pursuance of this agreement, directed his attorneys to discontinue all legal proceedings, paid Lewis ten dollars down, and afterwards tendered him the remaining sixty-five dollars, as soon as by the agreement he was required to pay it. But before this tender was made, the plaintiff’s right of action was barred by the statute, and Lewis then refused to convey the land or abide by the agreement.
It seems clear, that to allow him thus to take advantage of a verbal agreement to convey, by which to induce the plaintiff
The order over-ruling the demurrer to the complaint, is affirmed, with costs. •