Hughes v. Moore
11 U.S. 176

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U.S. Supreme Court

Hughes v. Moore, 11 U.S. 7 Cranch 176 176 (1812)

Hughes v. Moore

11 U.S. (7 Cranch) 176

Syllabus

A plaintiff may before verdict discontinue a count in his declaration and waive the issues joined thereon.

Oyer of a deed set forth in the first count does not make that deed part of the record so as to apply it to other counts in the declaration.

A promise to pay a sum of money as a compensation to the plaintiff for the injury done him by the misconduct of the defendant in obtaining a patent in his own name for land which he ought to have patented in the name of the plaintiff, and in preventing the plaintiff from obtaining a patent in his own name, and in consideration of the defendant's having procured the patent to be issued to himself, is a contract for the sale of land within the statute of frauds, and must be in writing.

This was a special action of assumpsit brought by Moore against Hughes. The declaration, after several amendments, contained four counts.

Page 11 U. S. 177

1. The first count stated that

"Whereas, on 16 June, 1797, it was agreed between the plaintiff and one John Darby by a writing under their hands and seals, now here shown to the court, in substance as follows:"

" Whereas Cleon Moore had located in his own name 9,922 acres of land in Kentucky by a Treasury warrant, No. 19,100, . . . and the said Cleon Moore hath sold all his right, title and interest of, and in the same, to John Darby, for the consideration of

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