The action is founded upon the idea that the *196defendant promised the plaintiff that when plaintiff’s land should be sold under execution, he, the defendant, would buy it if it did not go too high, and that plaintiff might subsequently have the land at the price bid and interest. And that the defendant did buy the land at the sale and took a deed from the sheriff, and subsequently the plaintiff offered to pay the defendant the amount he paid for the land and the interest ón the amount, and demanded a deed which the defendant refused.
Suppose the facts were as alleged, still the plaintiff would not be entitled to recover. The statute of frauds requires contracts for the conveyance of lands to be in writing. Here is no writing and no equitable element to supply the place. The plaintiff did not furnish the money to pay for the land, nor was there any contrivance by which the bidding was suppressed and the defendant enabled to get .the plaintiff’s land at an undervalue. The defendant paid his own money and the sale was fair. But the finding of the jury by which the Court is bound cuts up the plaintiff’s claim by the roots, — the jury find that the defendant made the plaintiff no promise whatever in regard to buying the land.
There is an allegation supported by the finding of the jury that the defendant acted as the friend' of the sheriff in delivering a summons to the persons who appraised the' land, and that at the request of the sheriff he filled a blank in the summons with the name of a person of his own choosing, in the place of one designated by the sheriff, who could not serve. But there is nothing beyond the simple fact that he did so, and no finding of fraud, and therefore there is nothing of which the plaintiff could complain.
No error.
PER Curiam. Judgment affirmed.