
    Tibbs v. Barker.
    A specific performance of a parol agreement for the sale of land will be decreed, where the purchase money has been paid, and possession taken, in pursuance of the contract.
    SUIT in Equity, transferred from the Crawford Circuit Court previously to a decree, in consequence of the interest of the circuit judge . — The complainant prayed a specific performanee of aparol agreement for the assignment of a land office certificate; and alleged a part performance, by having paid the purchase money, received the certificate, and possessed the land, in pursuance of the agreement. The defendant pleaded the statute of frauds, and denied the acts of part performance alleged in the bill.
    
      Nelson, for the complainant.
    
      Stevens, for the defendant.
    
      
       Const. Ind. a. 5. s. 2 . — Ind. Stat. 1818, p. 45; — 1823, p. 130.
    
   Scott, J.

The part performance of this parol agreement, alleged and proved, takes it out of the statute of frauds.

Per Curiam.

A specific performance is decreed, with costs.  