Wikiversity Law Reports/Perpetual Executors and Trustees v Russell

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Summary
Equity does not simply nullify the.
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Facts

 * X leased land to D and granted D an option to buy the land, which D exercised. However, there was nothing in writing to satisfy the.
 * X died. X's executor sued for a declaration that the land, never having being validly transferred to D, belonged to X's estate.
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Held

 * The prohibits a defendant from relying on a non-complying agreement as a defence. (That is, just because you are a defendant rather than a plaintiff does not mean you are not trying to 'enforce' the agreement as prohibited by the Statute.)
 * The mere existence of an agreement that does not comply with the Statute of Frauds does not by itself confer a right to of that agreement.
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