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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*589I have said nothing in regard to a distinction which might be made between a parol discharge by the equitable owner of land by contract or other writing, which gives the holder an express interest, and by one who may have a claim by operation of law, not embraced in the terms of any agreement, and which can only be reduced to certainty by judgment; nor have I spoken of the fact that this discharge was not by parol, but that a receipt in writing was given, though not technically a release, yet broad enough in its terms, if so understood, to cover every claim legal or equitable the plaintiff could have had; but I have chosen rather to recognize the broad principle that courts of equity will not be made the ministers of fraud by enforcing claims that have been paid off and discharged. --- 040dissent by Warner --- Warner, Judge,
dissenting.

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