Parkes v. Parker
Michigan Supreme Court
Appeal from Wayne. (Chambers, J.) Bill to compel discharge of mortgage. Defendant appeals. The terms of a mortgage cannot be varied by any verbal understanding between the parties before or at the time of its execution: 1 Jones on Mort. §96; Adair v. Adair 5 'Mich. 209; Sutherland v. Grane Walk.
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Appeal from Wayne. (Chambers, J.) Bill to compel discharge of mortgage. Defendant appeals. The terms of a mortgage cannot be varied by any verbal understanding between the parties before or at the time of its execution: 1 Jones on Mort. §96; Adair v. Adair 5 'Mich. 209; Sutherland v. Grane Walk. Ch. 523; Tucker v. Alger 30 Mich. 67; Edwards v. Dwight 68 Ala. 391; but if a mortgage absolute on its face could be made to secure future indebtedness by parol agreement it could only be by clear preponderance of evidence : Kimball v. Myers 21 Mich. 286 ; if a parol agreement could make the mortgage…
1Opinion of the CourtSherwood, J.
The bill in this case was filed to procure a discharge of a mortgage upon the homestead of complainants, and to recover the statutory penalty of the defendant for his refusal to discharge the same. The complainants requested the defendant to make the discharge, and after waiting more than seven days, and the defendant failing to comply, they brought this suit, as the statute permitted them to do. The case was heard on pleadings and proofs, and the circuit judge in his decree found that the complainants had paid the mortgage, and directed the defendant to discharge the same, and pay the costs…
2Cited by9 opinions
- Smith v. ColsonSupreme Court of Oklahoma · 1912
- Johnson v. BrattonMichigan Supreme Court · 1897
- American Nat. Bank of Oklahoma City v. JordenSupreme Court of Oklahoma · 1926
- Schumacher v. FalterWisconsin Supreme Court · 1902
- Werner Et Ux. v. Automobile Fin. Co.Supreme Court of Pennsylvania · 1943
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