370 HIGH COURT OF CHANCERY.

land Savings Bank vs. Schroeder, 8 G. & J., 93; Moale vs.

Buchanan, 11 G. & J., 314.

Without meaning to express any opinion upon the character
and weight of the evidence of the acts of part performance, relied
upon by the plaintiffs, to take this case out of the operation of
the statute of frauds; assuming, that they had by the frame of
their bill, entitled themselves to introduce such evidence, I am
clearly of opinion, that the evidence is inadmissible, as not
being within any issue presented by the bill; or indeed by the
pleadings on either side. No act of part performance has been
alleged, and none can be proved, and, therefore, it follows
that the complainants cannot have the relief they seek by their

hill.

The agreement also, in this case, might perhaps be regarded

as deficient, in that decree of certainty and precision which
would be required to enable the court to decree its specific ex-
ecution.

When acts of part performance are relied upon to take a
parol agreement for the sale of lands, when denied by the
answer, out of the operation of the statute of frauds, full and
satisfactory evidence must be offered of the terms of the agree-
ment, and of the performance of it, on the part of the com-
plainant. .Hall vs. Hall, 1 Gill, 383.

A court of equity will not defeat the salutary intent of the
statute of frauds, and it will not enforce a parol contract for
conveyance of land, even where the possession thereof, has
been delivered, where it does not clearly appear what the con-
tract was. Wingate vs. Dail, 2 ffarr. & Johns., 76.

In this case we have seen, that by the contract of July, 1844,
the/ee in the land therein described, was not to be conveyed
to the complainants. On the contrary, the agreement in terms
provides, that when the ore should be taken out of the land,
the land itself was to revert to the vendor. Miss Owings.

In the subsequent parol agreement of 1845, and which was
for the purchase of six acres, the two acres comprehended in
the first purchase were embraced; and it may not, perhaps,
be regarded as a very violent presumption, to suppose that the