This action was commenced before a justice, and tried on appeal de novo, in the Circuit Court. We are satisfied the contract proved was in relation to an interest in land, and was not to be performed within one year from the time of making it, and therefore the third instruction asked by the defendant should have been given, as it does substantially declare the law of the case.

In a justice’s court, it is presumed the statute is pleaded.

The judgment is reversed.

Judgment reversed.