Page:St. Louis, Iron Mountain & Southern Railway Co. v. Beidler.pdf/8

24 Rh  259. See, also, Haney v. Caldwell, 35 Ark., 156. To answer the requirements of the Statute of Frauds, no form of language is necessary; anything from which the intention may be gathered; any kind of writings, from a solemn deed down to mere hasty notes or memoranda, in books, papers or letters, will suffice. McConnell v. Brillhart, 17 Ill., 360; see, also, Browne on Statute of Frauds, Sec. 351. The writings need not be executed for the express purpose of binding the parties. Browne, Sec. 154. If the consideration has been paid it need not be mentioned. Browne on Statute of Frauds, Sec. 379; see, also, 80 N. Y., 479; Browne St. Frauds, Sec. 350.

In Atwater v. Schenck, 9 Wis., 165, the land was described as S. W. 1-4 Sec. 3, T. 10 N., R. 14 E.; neither county nor state is mentioned. Of this the court say: "Courts will take judicial notice of the government surveys and legal subdivisions of lands, and as the parties to the contract all reside in this state, will presume that the land referred to is situated in this state, at least, until something to the contrary appears." But, moreover, the plaintiff offered to identify the land by a witness. This was competent evidence, and should have been received. 28 Ark., 147.

Five acres in S. W. corner is five acres in a square, 66 Ill., 519. There were no misrepresentations or deception practiced. Even if Beidler had made false representations, the Railway Company is not in position to raise that question.

There was no fiduciary relation existing between the Company and Beidler; they were dealing at "arms length." Beidler certainly had not so much knowledge of the reservations and need for reservations as Essex had; at least, the law will presume that Essex knew the circumstances, just as the law presumes every man knows the condition of his own property, and knows his own business. It was Essex's business to know about the reservations. If he did not know, he could have learned much easier than Beidler could. A party whose duty