Abell

delivered the opinion of the Court.

This was a bill filed to enforce the specific performance of an alleged verbal agreement for the conveyance of land. The agreement being void by the Statute of Frauds, courts of equity heretofore, have notwithstanding the Statute, granted the relief sought in certain cases where the refusal of it might enable one party to commit a fraud upon the other. In their abhorrence of fraud, these Courts have, in a material degree, abrogated the letter and spirit and intention of the written law. In the effort to escape from one *92 evil, they have unavoidably fallen into another, and for many years past, the best judicial minds of common law countries have conceded that the one they have fallen into is the greater evil of the two. To exemplify this position, I will quote at some length from the authorities. Judge Story says:

“ It must be admitted that the exceptions thus allowed do greatly trench upon the objects and policy of the Statute of Frauds; and perhaps there might have been as [92] much wisdom * originally in leaving the Statute to its full operation, without any attempt to create exceptions, even in eases where the Statute would enable the…