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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So a deed with a separate condition- of defeasance is: but a mortgage, and the mortgagor holds an equity of redemption ; and yet by canceling the defeasance, being unrecorded," this equity may be surrendered; given up to the holder of the paper and record title' without any writing whatever, and the equity will be discharged. (Harris v. Phillips Academy, 12 Mass. 456 ; Trull v. Skinner, 17 Pick. 218.) I might give other illustrations of the unsoundness of the claim,- that because' certain' parol contracts or transactions are within the statutej therefore they are void and courts'will wholly disregard them. They are not necessarily void. An executed parol agreement is valid; “if it is fulfilled by the návties,. it is as good as any other contract” (5 Litt. 98), and even if only partly performed, equity in a proper case will enforce it;

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