Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

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The statute of frauds' applies equally to legal and equitable estates in lUnds. i-As-a rule,’neither can'be “ assigned, granted, or surrendered;” nor can valid contracts be made for their assignment, -grant, or surrender, except by note in writing. But if there were no exception to-'this rule, the statute could be made a potent engine of fraud. Hence the clear and marked exception that when the parol agreement has been performed in part, by .taking- possession and paying the purchase money, the agreement may be enforced and the title wrung from the-vendor,' notwithstanding the statute. • To refuse to compel him to deed would work a fraud, and-the letter of the act yields to the spirit of the law, and he is forbidden to-set it up. So in regard-to-the sale or the surrender of'an equity. . An unexecuted agreement may not be enforced, but one who sells his equitable • interest in land, receives- the consideration, and yields-possession, will 'not-be permitted to say afterward that the assignment was not in writing; or,- if the holder, of the equity surrenders to him who' has the legal *587title, accepts 'the 'consideration and gives possession, the contract is executed, bis equity- is dead, and no court of equity would enforce it. Thus a parol -rescission of a contract-for the purchase of land is a surrender of the equity of the purchaser, and I have 'never known an-instance where such'purchaser, who, upon an agreement to -give up: his claim to the holder of- the 'legal' title, has received' the value of 'his equity, and if he was in possession, has surrendered it, has been afterward enabled to enforce such-equity. ■

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