Massachusetts Supreme Judicial Court October 15, 1822 (Black v. Tyler)

Per Curiam.

The Court are of opinion, that the' plea m *156, oar is insufficient. This opinion is not grounded on the wart of consideration, uncertainty or repugnancy of the writing set forth in the plea ; but supposing that the respondents can maintain an action upon the contract, the question yet remains, whether the contract can be pleaded as a bar to the petition for partition.