364 HIGH COURT OF CHANCERY.

ance by one party, it would be a fraud in the other, to refuse to perform the
agreement on his part. It would be perverting the statute, from a shield.
against, into an instrument of fraud.

When acts of part performance are relied upon to take a parol agreement for
the sale of lands, (when denied by the owner,) out of the operation of the
statute of frauds, full and satisfactory evidence must be offered of the terms
of the agreement, and of the performance of it, on the part of the complainant.

[The object of this bill was to obtain a decree against the
defendant. Charlotte C. D. Owings for the specific performance
of an alleged contract to sell certain land; and an injunction
against the other defendant, Green, to restrain him from in-
terfering with the complainants in their occupancy and enjoy-
ment thereof.

The bill alleged, that a contract was made between the par-
ties on the 8th of July, 1844, to sell a portion of the land, and,
that by a subsequent arrangement, the complainants purchased
of the defendant, Owings, through her agent Turnbull, six
acres of land, including that which was the subject of the first
contract. The complainants filed with their bill, copies of the
letter and deposition of TurnbulJ, showing the purchase; and
further stated, that the defendant, Green, combining with his
co-defendant, Owings, to vex and harrass the complainants,
had entered on the land, and erected a fence on part thereof;

had been digging and removing ore therefrom; and had hin-
dered the complainants in the performance of their operations.

The bill prayed, that the defendant, Owings, might be de-
creed to convey the land to the complainants, and, that Green,
might be restrained by injunction from putting up fences on the
land and digging ore, &c.

The deposition of Turnbull, set out the arrangements made
in June, 1845, by him, acting for Miss Owings, with the com-
plainants, to settle the difficulty arising from a misunderstand-
ing of the previous contract; and stated, that these arrange-
ments with the approbation of Miss Owings, resulted in the
second agreement, which was to let the complainants have six
acres of land for $2000.

The agreement of the 8th of July, 1844, reserved to Miss