a court of equity will relieve in case of a fraud although there be nothing in  write to charge the party as if a agree with b by parole for a lease of a  piece of ground b enter and build and then a refuse to grant he a lease on a  bill bring by b to have a execution of this agreement a plead the statute of  fraud the agreement be only by parole his plea be overrule per Lord keeper and  the master of the roll afterward decree a to perform the agreement and to pay  cost mich Floyd and Buckland Freem Rep rule equity to relieve against fraud  all statute make against fraud shall be construe liberal and expound  beneficial to suppress fraud twin case   and in the principal case his honour  say that the statute of fraud be not make to encourage fraud and cheat and  that b have lie out his money in pursuance of the agreement and take  possession of the land a ought to execute a lease and butcher case be cite  vide Vol Eq can Abr p can where a parole agreement be decree possession be  deliver in pursuance thereof and also a case decree by Lord Nottingham where a  deed be seal for security equity case abridge er p of money borrow and the  deed become absolute the defendant promise to seal a defeasance and afterward  refuse a bill be prefer to compel he and though he insist upon the statute of  fraud he be decree to seal a defeasance though there be no agreement in write  for that purpose Freem Rep ibidem S p cite per Lord keeper vide Vol Eq can Abr  p can S p so where a have only a parole lease for a great number of year but  have begin to build he have his bargain complete and for this very reason  because at commonlaw it may be within the statute of fraud ergo it be more  proper for the jurisdiction of a court of equity than the commonlaw cite per  Lord chancellor hill Ann as the case of Foxcroft and pale yellow Eq Rep but  ibidem p his lordship mich Ann cite the case of leister and Foxcroft which I  take to be the S c as decree in dom proc where a parole building lease be make  of ground and when the lessor be die he declare he think he ought to have make  a lease in write but the heir tell he he shall not discompose himself for that  he will supply it whereby and by other fraudulent mean the lessee be hinder  from see the lessor and have it do accord the lord hold this to be out of the  statute and make it good to the lessee where there be a parole agreement make  for a lease and the lessee by virtue thereof enter and build the court will  establish it on the foot of fraud in the lessor notwithstanding the statute of  fraud c because contract execute in part be not always within the statute  though executory contract be say per cur Trin Geo in the case of savage and  foster Mod