United States Supreme Court Cases & Opinions

U.S. Supreme Court

Purcell v. Miner, 71 U.S. 4 Wall. 519 519 (1866)

Purcell v. Miner

71 U.S. (4 Wall.) 519

Syllabus

After the decision above made, the complainant, Purcell, asked leave of this Court to file a petition for a bill of review in the court below. He had already asked in that court, leave to file such a petition, but the leave was not granted.

The petition asked the leave on two grounds.

The first ground consisted in the material evidence which it

Page 71 U. S. 520

was said could be given by Purcell himself, he being rendered competent to testify in his own behalf since the final decree in March, 1864, by the Act of Congress of 2 July, 1864, which, for the first time, enabled parties to testify in their own cases. And it being alleged that the new evidence which he would be able to give would establish:

1st. The clear and definite terms of the contract of exchange.

2d. Part performance of the verbal contract, by each party taking possession of the exchanged property in execution of the contract, and by improvements made.

3d. The tender of a deed of conveyance from the petitioner to Coleman, and his refusal to accept it.

All which facts it was alleged were in the exclusive knowledge of the petitioner.

Besides this new evidence, the petition set forth newly discovered evidence by one Calvert, and others, tending to show distinct and unequivocal acts of possession, by Coleman, of the farm in Virginia, and his improvements thereon under, and in pursuance of the contract of exchange.