the evidence that Casey signed Miss Lawrence's name to this contract, and that although she had no objection to his so doing she did not know of it until the latter part of November, 1914, when she signed papers conveying the legal title to this property to Casey. Before that time she understood she held the land as trustee for Casey. At the same time this agreement was executed and delivered another contract was entered into by them which reads as follows: "Agreement entered into this thirty-first day of October, 1914, between John P. Casey and John J. Wolf and Mary K. Wolf, his wife, that the said John P. Casey will sell a farm in Michigan for John J. Wolf and Mary K. Wolf as their agent, and the proceeds of said sale to be applied on a certain contract now in force between Helen Lawrence and John J. Wolf and Mary K. Wolf for the purchase of premises No. 5738 Grove avenue. In case said farm should be sold by John J. Wolf and Mary K. Wolf, or any other agent, the proceeds of said sale shall apply on said contract for purchase of premises 5738 Grove avenue."

November 11, 1914, the Wolfs, by warranty deed absolute in form, conveyed the Michigan farm to appellant Casey, subject to a mortgage of $1000 and accrued interest. This deed was placed on file a few days later in the county where the land is situated. Casey, his son James and Miss Anna Levy, a clerk in his employ, all three testified that these two agreements dated October 31, 1914, and the deed to the Michigan farm dated November 11, 1914, were all executed and delivered the same day, November 11, 1914. Appellee Mrs. Wolf testified that the two agreements were executed and delivered the day they were dated, October 31, 1914, and that the deed to the Michigan farm was executed the day it was dated. We find no other testimony in the record on this point. Mrs. Wolf testified that Casey asked $2500 for the house and lot on Grove avenue, and that she told him she didn't have any cash and wanted to trade her Michigan farm for it; that he said

he was getting out of the real estate business and did not want to take another piece of real estate in exchange, but afterward agreed to make an even exchange of the house and lot for the farm if he found the farm was worth it; that she told him she would not do that, as the farm was worth $3600 and the house only $2500; that finally it was agreed that he should take the deed for the Michigan farm as security for the house and lot; that if she could sell the farm for more than $2500 she should have the excess over the $2500, and the $2500, if paid before the first of the following May, should be taken by him in entire payment for the house and lot on Grove avenue; that if Mrs. Wolf or her agent found a buyer he would deed the farm to the buyer. She further testified that on February 23, 1915, she informed Casey that she had a buyer for the Michigan farm, Anna Hoffman, who had paid her $10 as a deposit on the purchase, and that she (Mrs. Wolf) then asked Casey to make the deed to Anna Hoffman and give witness a deed to the house and lot; that Casey then said that she could not sell the farm,-that the house was his and the farm was his, and that if she spoke like that again he would put her in jail for twenty-five years; that she asked Casey three times to make a deed of the farm to Anna Hoffman, but he refused each time. A daughter of Mrs. Wolf testified that she heard this conversation between her mother and Casey as to the deed to the farm to Anna Hoffman, and that Casey refused to deed the farm and said he would put Mrs. Wolf in jail for twenty-five years. Casey denied making any oral agreement as to applying the proceeds of the farm, and testified that the only agreement as to that matter was the written one dated October 31; that the deed to the Michigan farm was given to him to secure him on the contract for the Grove avenue house; that the Wolfs stated they expected to sell it to a Mr. Snyder and his daughter and would apply the purchase money on the contract; that he told the Wolfs if they did not

succeed in selling the farm to the Snyders he would advertise it and try to sell it, and in the meantime they were to do the same or place it in some agent's hands to sell; that he asked originally for the Grove avenue property $2600 but reduced the price to $2500, and agreed to make the trade if they would give him the deed to the Michigan land as security; that he had no conversation with Mrs. Wolf on February 23 about a buyer having made a deposit of $10 on the farm; that he did have a telephone conversation with the daughter about such purchaser and deposit of $10, in which he said they could not close the deal without coming to his office, and that he did state if they did any crooked work he would put them in jail for it; that this conversation was in April, 1915, after the first notice of forfeiture was served, and that the Wolfs did not mention having a purchaser until that month.

On April 29, 1915, Casey served Mr. and Mrs. Wolf with a written notice that unless they paid him $118.98 on the contract by May 9 the contract would be forfeited. Thereafter he brought suit in the municipal court for possession of the premises but later took a non-suit. June 4, 1915, Casey and his former partner, Coleman, called at the house on Grove avenue where the Wolfs lived and laid a notice on the door-step or on Mrs. Wolf's arm, to the effect that unless $137.50 was paid on the contract by June 14 the contract would be forfeited. Casey and Coleman both testified that at the same time the notice of June 4 was left Casey tried to give Mrs. Wolf a quit-claim deed from himself and wife to the Michigan farm; that upon her refusal to take it he laid it on her arm and she crumpled it up and threw it after him, and they left it lying there. Mrs. Wolf and her daughter testified that when this last notice was left, Casey and Coleman tried to make Mr. and Mrs. Wolf sign a quit-claim deed to the house and lot. Casey's copy of the agreement as to the Grove avenue property shows indorsements on December 5, 1914, interest $12.43 and prin

cipal $15, and on January 23, 1915, principal $15. Mrs. Wolf admits that these payments were made and she also claims that she paid another $15 on the principal, and it also appears that she paid $10 for insurance.

The master found in his report, after setting out the testimony, that from the inception of the negotiations Casey intended by unfair means to defraud appellees of their Michigan farm and require them to pay him the full price of $2500 for the house and lot, and that Casey intended to retain title to the house and lot until it was thus paid for. The decree finds the same as the master on these points, and further, as a conclusion of law, that said fraudulent intention on Casey's part took the oral contract testified to by appellees' witnesses out of the Statute of Frauds, and that appellees were entitled to a deed from Casey and his wife to the house and lot on Grove avenue, free and clear of incumbrance, and also that Casey was to pay appellees $100 and costs, including master's and stenographer's fees, the court retaining jurisdiction of the subject matter and of the parties for such further proceedings as may be necessary to carry the decree into effect.

If appellants are right in stating that the deed to the Michigan land was executed and delivered at the same time the other two contracts were, then all previous conversations and oral agreements concerning the subject matter of the contract were merged in the written agreements. (Lanum v. Harrington, 267 Ill. 57; Grubb v. Milan, 249 id. 456.) Mrs. Wolf, the only witness on this point on behalf of the appellees, testified that the two agreements were executed on October 31, 1914, the date they bear. The master found that both these agreements were executed on Sunday, November 1, 1914. The decree found the same, while Casey's testimony is that they were all executed along with the deed to the farm, on November 11. We think the weight of the testimony tends strongly to support Casey's position on this point.

If it be conceded, however, that the conclusion as to the oral agreement being merged in the written agreement does not necessarily follow from the record, then any oral contract relied upon as to the selling of the Michigan farm and the disposition of its proceeds must be established by clear and unequivocal evidence, and the acts claimed as constituting part performance must have been done under the contract itself for the sole purpose of performing it. (Kane v. Hudson, 273 Ill. 350; Christensen v. Christensen, 265 id. 170.) The rule is well settled in this State that a parol contract for the conveyance of real estate will not be specifically enforced unless it appears to be clear, certain and unequivocal in its terms, and the proof upon which the conveyance is asked must be established so convincingly as to leave no reasonable doubt in the mind of the court. (Lonergan v. Daily, 266 Ill. 189, and cited cases.) It must also affirmatively appear that possession was taken under the contract. It is not sufficient that the party was previously in possession. (Shovers v. Warrick, 152 Ill. 355; Christensen v. Christensen, supra; Lonergan v. Daily, supra.) The evidence was not at all clear as to when possession. was taken. Mrs. Wolf testified they moved into the premises on Grove avenue about November 12, 1914. Casey testified that the Wolfs moved into the premises the week commencing November 1. The contract as to the farm land and that as to the sale of the Grove avenue property are consistent with Casey's testimony with reference to the sale of the Michigan farm and the application of the proceeds and are inconsistent with the appellees' testimony. It does not seem reasonable, in view of the written agreement as to the Michigan farm, that within a very few days after executing it Casey would make an entirely new agreement with reference to the sale and application of the proceeds of that farm without destroying the old agreement and making a new one in writing. The admitted facts as to the payments made by appellees on the Grove avenue prop