Storms v. Snyder

10 Johns. 109

Opinion

Per Curiam.

The statute says that no justice shall have cognisance of any action, “ where the title to land shall in any wise come in question.” But here was no question about title, and the agreement had no reference to title. The statute of frauds also says, that “ no contract or sale of lands, or any interest in or concerning them,” shall be valid, unless in writing, &c. This was not an agreement concerning an interest in land, since no interest in land was to be conveyed. It was merely an agreement to remove a fence, and one promise was a consideration for the other.

Judgment affirmed.