MORETON v. HARRISON.—1 BLAND. 467

These pleas, in the first place, aver, that the cause of action
arose above twelve years before the institution of the suit; and

therein set forth; as to so much and such part of the said bill, which seeks
a discovery or relief from this defendant relating to any parol contract, or
agreement made or supposed to be made between. Thomas Davis and Stephen
Steward, in the said bill mentioned, for the said tract of land called Davis'
Purchase, or any part thereof different or variant from the deed said to
have been executed in the said bill, on or about the twenty-ninth day of
November, seventeen hundred and fifty-six, by the said Thomas Davis to
the said Stephen Steward; and as to so much of the said bill which seeks a
discovery or relief from this defendant relating to any parol contract or
agreement made or supposed to be made between the said Stephen Steward
and this defendant for the said tract of land called Davis' Purchase, or any
part thereof, different or variant from the deed or conveyance said to have
been executed, (in the said bill,) on or about the fourteenth day of Decem-
ber, seventeen hundred and sixty-two, by the said Stephen Steward and
Joshua Davis to this defendant: He, this defendant, doth, plead, that by an
Act of Parliament, made in the twenty-ninth year of the reign of his late
Majesty King Charles the Second, entitled an Act for prevention of Frauds
and Perjuries, it is, amongst other things, enacted; that, from and after the
twenty-fourth day of June, sixteen hundred and seventy-seven, no action
shall be brought, whereby to charge any person upon any contract of lands,
tenements or hereditaments, or any interest in or concerning them, unless
the agreement, upon which such action shall be brought, or some memoran-
dum or note thereof, shall be in writing and signed by the party to be
charged therewith or some other person thereunto by him lawfully author-
ized; as by the said Act may appear; and this defendant avers, that neither
the said Thomas Davis, nor any person by him lawfully authorized, did ever
make or sign any contract or agreement in writing for the sale or convey-
ance of the said tract of land called Davis' Purchase, or any pan thereof,
to the said Stephen Steward to any such effect, as by the said bill is sug-
gested, or any memorandum or note in writing of any agreement whatso-
ever for or concerning the said premises, or any part thereof; other than or
different from the said deed, alleged in the said bill to have been made by
the said Thomas Davis to the said Stephen Steward; and this defendant also
avers, that neither he, the said defendant, nor any person by him lawfully
authorized, did ever make or sign any contract or agreement in writing
with the said Stephen Steward respecting the said tract of land called
Davis' Purchase, or any part thereof, or any memorandum or note in writ-
ing of any agreement whatever, for or concerning the said premises, or any
part or parcel thereof: and, therefore, this defendant doth plead the said
Act of Parliament, and the matters aforesaid in bar to so much of the said
bill as seeks to compel the defendant to execute any deed or conveyance to
the complainant of the aforesaid premises, or any of them, or of any part
or parcel thereof pursuant to the said pretended agreements or either of
them; and as to any relief thereby prayed touching the said agreements or
either of them; and humbly prays the judgment of this Honorable Court
whether he shall be compelled to make any further or other answer to so
much and such parts of the said bill as are hereinbefore and hereby pleaded
unto as aforesaid.

And this defendant for further plea unto the said bill saith, that if the
complainant, or any of those from under whom he claims, ever had any
cause of suit for or concerning any of the matters, transactions, or things