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An Act to enable persons held in slavery to sue for their freedom. 1854-1855 809 (1855)

handle is hein.slavery/ssactsmo0140 and id is 1 raw text is: FREEDOM. 809 CIH'. 69. the good'A so sold, and actually receive the same, or give something in earnestto blnd the bargain, or in part payment, or'unless some note or memorandum, in writing, be made of the bargain, and sgned by the parties to be charged with such contract, or their agents lawfully authorized. (a) Smc. 7. -No action shall be brought to charge any person No action brought to upon, or by reason of, any representation or assurance made charge ny concerning the character, conduct, credit, ability, trade or person for re- presentation s dealings, of any other person, unless such representation or of the credit, assurance be made in writing, and subscribed by the party to &c., of an- other, unless, be charged thereby, or by some person thereunto by him law- &o. fully authorized. Approved November 23, 1855. CHAPTER LXIX. FREEDOM. AN ACT TO ENABLE PERSONS HELD IN SLAVERY TO SUE FOR TIIEIR FREED0M, 1. Persons held in slavery permit- j 3. Orders to be endorsed on peti- ted to sue for their freedom. tion, &o. 2. If the petition contain sufli- 4. In case of restraint, &c., or so- ciontimatter to authorize suit, vcretreatment, court or judge what orders the court shall to cause petitioner to be make. brought up by whrrant. to convey land. (See, Bean v. Valli, 2 Mo. Rep., 126;) Parke v. Lee- wright, 20 Mo. Rep., 85. Valuable improvements, to be a ground for en- forcing a specific performance, must have been made with the expectation that the contract would be fulfilled, and not after it was known it would not be. Ibid. Where a deed is executed for land with a growing crop of wheat upon it, parol evidence is inadmissible to show that the wheat was reserved by the grantor, and afterwards, before harvest, verbally sold to the grantee; this being an inlertst in land within the statute of frauds. Mc- Ilvaine v. Harris, 20 Mo. Rep., 457. (a) The fl-ct that wheat, contracted to be sold and delivered in Illinois, is to be paid for on its arteival in Missouri, will not subject the contract to the operation of our statute of frauds. llonghtaling v. Ball & Chapin, 10 Mo. tep., 84. Vide, Alexander v. Moore, 19 Mo. Rep., 143. To constitute a delivery, within the nenning of this section, there nmst not only be a change of the actual possession, but a change of the civil possession, which is a holding of the thing, with the design of keeping it as owner. Cun- ningham v. Ashbrook, 20 Mo. Rep., 553. A contract for the sale and deli- very of goods, which is so completed as to be valid in the State where it is made, will be enforced in this State, unaffected by this section. Iloughtal- hig v. Ball & Chapin, 20 Mo. Rep., 5603. AA-2

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