by John Marshall Harlan

“ But the defendant insists that the alleged contract between him and the government was not valid or binding under the statute of frauds of Michigan, which provides that 'every contract for the leasing for a longer period then one year, or for the sale of any lands, or any interest in lands, shall be void unless the contract, or some note or memorandum thereof, be in writing, and signed by the party by whom the lease or sale is to be made, or by some person thereunto by him lawfully authorized by writing.' How. ”

“ But the title was in him prior to 1883, and was again in him on the 6th of December, 1886, as well as on and after December 18, 1886, when he and his wife executed and acknowledged the deed of the United States. If he chose to bind himself by contract to sell land that he did not at the time own, but the title to which he subsequently acquired and conveyed by general warranty, he will not, in an action of ejectment based upon the title so conveyed, be heard to say that he had no title at the time he agreed to sell. ”

“ The terms may be abstract, and of a general nature; but they must be sufficient to fit and comprehend the property which is the subject of the transaction so that, with the assistance of external evidence, the description, without being contracted or added to, can be connected with and applied to the very property intended, and to the exclusion of all other property. ”

“ I hereto attach a slip, with the land marked out, showing you what has been done to affect the title to the land. Notwithstanding all this, I recorded the deed running to the United States. Perhaps I should explain further: Since this land was contracted to the government, a very remarkable business boom has struck Sault, Ste. Marie, and Mr. Ryan claims that the land deeded to the government is worth fifty or sixty thousand dollars. ”

“ Cady addressed a letter to the district attorney in which he said: 'I inclose deed, etc., in the Ryan sale. This makes papers complete. I would respectfully call your attention to the following: 1st. I inclose two deeds of lands in question, one in exact conformity to Mr. Ryan's bid, the other reserving a strip of land 33 feet wide off east side for street purposes; 2d. That the dower right, if any, of Mrs. Warner, is cut off by the state tax-deeds held by Mr. Ryan. ”

“ Under date of March 18, 1887, all the papers were forwarded by the district attorney to the attorney general. In that letter the former expressed the opinion that the title to the lands was sufficient. On the next day, March 19, 1887, the district attorney wrote to Cady: 'Yours of the 16th inst. received. The abstract and accompanying papers in the matter of the title to the Fort Brady reservation proposed site have been forwarded to General Poe, together with my opinion regarding the same. ”