27 Conn. 307 | Conn. | 1858
The object of one of these cases is an injunction against the further prosecution of the other. They have therefore been argued together, as if they virtually constituted but one case, and will be disposed of in the same manner ; though it will be convenient to.treat them in the order in which they were brought.
The object of the first case is to relieve certain real estate,
While the original suit was pending in the superior court, after the facts had all been found by a committee, and the case was reserved for the advice of the supreme court of errors, the petitioner and the respondent Fox made a parol agreement in respect to the settlement of the cause, by which, on the performance of certain stipulations on the part of Fox, the petition of Mrs. Kimberly was to be withdrawn. And this is now made the subject of a bill for an injunction against the further prosecution of the original bill, and for a specific execution of the terms of this last agreement; and the question is whether this last bill can be maintained.
It is quite obvious that so far as this original bill seeks a discontinuance of the former suit, or an injunction against its further prosecution, the matters set up for this purpose
But we have not entered into this question, because the agreement, being by parol, and being an agreement by which Mrs. Kimberly proposes to dispose of her equitable interest in the premises, which are the subject matter of the original suit, is of course an agreement to dispose of an interest in land, and is therefore within the statute of frauds; and we know of no authority for saying that such an agreement can be taken out of the statute by the mere payment of money in part execution of it.
We therefore advise that the superior court dismiss this bill.
In this opinion the other judges concurred.
In Kimberly v. Fox, petition to be granted.
Tn Fox v. Kimberly, bill to be dismissed.