## Facts

- A father orally gave his son a portion of the father’s land in January 1860 and later orally gave an additional adjoining strip, promising to provide a deed.
- The son accepted the gift, took possession, and continuously occupied the land for many years, paying all taxes.
- In reliance on the promise of a deed, the son made substantial permanent improvements (including a dwelling house and outbuildings) costing about $3,000; the father provided some materials and labor.
- The son also surrendered to his father a note on which about $200 was due.
- The father died in 1880, and his executors resisted the son’s claim to the land.
- The son filed a bill in equity seeking specific performance of the oral gift/promise to convey.

## Issues

1. Whether an oral gift/promise to convey land may be specifically enforced in equity despite the statute of frauds when the donee took possession and made valuable improvements induced by the promise.
2. Whether the alleged transaction was unsupported by consideration and therefore merely executory and unenforceable.

## Decision

- The court held that the offered proof of the gift, possession, and substantial induced improvements was admissible and could support equitable relief.
- The court ruled that equity may protect an oral gift of land on the same basis as an oral agreement to sell land when possession is taken and valuable improvements are made in reliance on the promise.
- The court rejected dismissal at the pleading stage; the matter could proceed, with specific performance available if the plaintiff proved the alleged facts.

## Legal Principles

- Equity may specifically enforce an oral promise to convey land when the promisee’s part performance (possession plus valuable, reliance-induced improvements) would make non-enforcement operate as a fraud.
- For statute-of-frauds purposes, an oral gift of land may be treated like an oral contract to convey where reliance and part performance are shown.
- Reliance expenditures for permanent improvements induced by the promise can supply enforceable consideration in equity; surrender of an existing debt may also constitute consideration.
- The statute of frauds cannot be used to retain the benefits of another’s reliance-based performance while repudiating the promised conveyance.

## Conclusion

The court held that a child’s long possession of land and substantial, promise-induced improvements could take an oral land gift/promise outside the statute of frauds and support specific performance, so the executors were not entitled to dismissal if the plaintiff could prove those facts.


Seavey v. Drake, 62 N.H. 393 (N.H. 1882)