Edward Douglass White

“ Irrespective of what may have been the power possessed by the governor concerning the market grounds or market, it is clear that there is nothing in this proposal of the market company, or in the qualified approval of the governor, importing a surrender by the legislative assembly of any rights which by law were vested in it, such as the power to establish and alter at pleasure the rules and regulations with respect to the manner of occupancy, and the tolls to he exacted for the use of stands. Certainly no easement was attempted to be created in favor of the market company in the land. ”

“ A court of equity will not relieve an individual from the operation of the statute of frauds, which requires that interest in lands be created by an instrument of writing, and imposes an equitable lien upon land in favor of one who makes improvements thereon, knowing that the title is in another, especially where the money is expended under an express understanding with reference thereto had with the owner, but will leave the party to the remedies, if any, which a court of law provides. ”

“ Despite, however, the position thus taken in the pleadings, and the fact that the complainant demanded that the District be compelled to account for the losses which it is alleged the complainant had sustained by claimed wrongful interferences of the District, counsel, in the argument at bar, bases the right to relief solely upon the prayer for general relief contained in the bill. ”