A Treatise on the Law of Estoppel and Its Application in Practice |
Contents
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Other editions - View all
A Treatise on the Law of Estoppel and Its Application in Practice Melville M. Bigelow Limited preview - 2023 |
A Treatise on the Law of Estoppel and Its Application in Practice Melville M. Bigelow Limited preview - 2023 |
Common terms and phrases
adjudication alleged Allen appeared assumpsit authority Bank binding bond bound breach brought cause of action cited claim collateral common law Concha conclusive contract conveyance court held covenant creditor damages debt decided decision declared decree deed demand demurrer doctrine effect English law equity estopped estoppel evidence execution fact favor fee simple feoffment foreign judgments former action former judgment former suit fraud garnishee grantee grantor Gray ground heir impeach Iowa issue judg judgment rendered judgments in rem jurisdiction jury land lease liable litigation Lord Mass matter ment mortgage obtained Ohio St parties payment Penn person personam plaintiff plea possession present privies privity proceedings question recital record recover regard res judicata rule scire facias seisin Smith statute subsequent sued supra Supreme Court tenant tion trespass trial validity verdict warranty Wend Wetumpka writ writ of right
Popular passages
Page 320 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 560 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 320 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every Court within the United States, as they have by law or usage in the Courts of the State from whence the said records are or shall be taken.
Page 631 - ... if, whatever a man's real meaning may be, he so conducts himself, that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 26 - Estoppel (p. 570j, states that the following elements must be present in order to an estoppel by conduct: "(1) There must have been a false representation or a concealment of material facts. (2) The representation must have been made with knowledge of the facts. (3) The party to whom it was made must have been ignorant of the truth of the matter. (4) It must have been made with the Intention that the other party should act upon It. (5) The other party must have been induc-ed to act upon it.
Page 267 - Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings, of the courts and magistrates of every other State.
Page 405 - ... or them shall or will by any way or means have claim, or demand any right or title to the aforesaid premises or their appurtenances or to any part or parcel thereof forever.
Page 157 - ... the judgment of a court of exclusive jurisdiction, directly upon the point, is, in like manner, conclusive upon the same matter, between the same parties, coming incidentally in question in another court, for a different purpose.
Page 267 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.
Page 5 - It is called an estoppel or conclusion, because a man's own act or acceptance stoppeth or closeth up his mouth to allege or plead the truth.- — Co.