Estoppel

3 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Estoppel \Es*top"pel\, n. [From {Estop}.] (Law)
     (a) A stop; an obstruction or bar to one's alleging or
         denying a fact contrary to his own previous action,
         allegation, or denial; an admission, by words or conduct,
         which induces another to purchase rights, against which
         the party making such admission can not take a position


         inconsistent with the admission.
     (b) The agency by which the law excludes evidence to dispute
         certain admissions, which the policy of the law treats as
         indisputable. --Wharton. --Stephen. --Burrill.
         [1913 Webster]

From WordNet (r) 2.0 [wn]:

  estoppel
       n : a rule of evidence whereby a person is barred from denying
           the truth of a fact that has already been settled

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  ESTOPPEL, pleading. An estoppel is a preclusion, in law, which prevents a 
  man from alleging or denying a fact, in consequence o his own previous act, 
  allegation or denial of a contrary tenor. Steph. Pl. 239. Lord Coke says, 
  "an estoppel is, when a man is concluded by his own act or acceptance, to 
  say the truth." Co. Litt. 352, a. And Blackstone defines "an estoppel to be 
  a special plea in bar, which happens where a man has done some act, or 
  executed some deed, which estops or precludes him from averring any thing to 
  the contrary. 3 Cora. 308. Estoppels are odious in law; 1 Serg. & R. 444; 
  they are not admitted in equity against the truth. Id. 442. Nor can jurors 
  be estopped from saying the truth, because they are sworn to do so, although 
  they are estopped from finding against the admission of the parties in their 
  pleadings. 2 Rep. 4; Salk. 276; B. N. P. 298; 2 Barn. & Ald. 662; Angel on 
  Water Courses, 228-9. See Co. Litt. 352, a, b, 351, a. notes. 
       2. An estoppel may, arise either from matter of record; from the deed 
  of the party; or from matter in Pays; that is, matter of fact. 
       3. Thus, any confession or admission made in pleading, in a court of 
  record, whether it be express, or implied from pleading over without a 
  traverse, will forever preclude the party from afterwards contesting the 
  same fact in any subsequent suit with his adversary. Com. Dig. Estoppel, A 
  1. This is an estoppel by matter of record. 
       4. As an instance of an estoppel by deed, may be mentioned the case of 
  a bond reciting a certain fact. The party executing that bond, will be 
  precluded from afterwards denying in any action brought upon that 
  instrument, the fact, so recited. 5 Barn. & Ald. 682. 
       5. An example of an estoppel by matter in pays occurs when one man has 
  accepted rent of another. He will be estopped from afterwards. denying, in 
  any action, with that person, that he was, at the time of such acceptance, 
  his tenant. Com. Dig. Estoppel, A 3 Co. Litt. 352, a. 
       6. This doctrine of law gives rise to a kind of pleading that is 
  neither by way of traverse, nor confession. and avoidance: viz. a pleading, 
  that, waiving any question of fact, relies merely on the estoppel, and, 
  after stating the previous act, allegation, or denial, of the opposite 
  party, prays judgment, if he shall be received or admitted to aver contrary 
  to what he before did or said. This pleading is called pleading by way of 
  estoppel. Steph. 240a 
       7. Every estoppel ought to be reciprocal, that is, to bind both 
  parties: and this is the reason that regularly a stranger shall neither take 
  advantage or be bound by an estoppel. It should be directly affirmative, and 
  not by inference nor against an estoppel. Co. Lit. 352, a, b; 1 R. 442-3; 9 
  Serg. & R. 371, 430; 4 Yeates' 38 1 Serg. & R. 444; Corn. Dig. Estoppel, C 3 
  Johns. Cas. 101; 2 Johns. R. 382; 8 W. & S. 135; 2 Murph. 67; 4 Mont. 370. 
  Privies in blood, privies in estate, and privies in law, are bound by, and 
  may take advantage of estoppels. Co. Litt. 352; 2 Serg. & Rawle, 509; 6 Day, 
  R. 88. See the following cases relating to estoppels by; Matter of record: 4 
  Mass. R. 625; 10 Mass. R. 155; Munf. R. 466; 3 East, R. 354; 2 Barn. & Ald. 
  362, 971; 17 Mass. R. 365; Gilm. R. 235; 5 Esp. R. 58; 1 Show. 47; 3 East, 
  R. 346. Matter of writing: 12 Johns. R. 347; 5 Mass. R. 395; Id. 286; 6 
  Mass. R. 421; 3 John. Cas. 174; 5 John. R. 489; 2 Caines' R. 320; 3 Johns. 
  R. 331; 14 Johns. R. 193; Id. 224; 17 Johns. R. 161; Willes, R. 9, 25; 6 
  Binn. R. 59; 1 Call, R. 429; 6 Munf. R. 120; 1 Esp. R. 89; Id. 159; Id. 217; 
  1 Mass. R. 219. Matter in pays: 4 Mass. R. 181; Id. 273 15 Mass. R. 18; 2 
  Bl. R. 1259; 1 T. R. 760, n.; 3 T. R. 14; 6 T. R. 62; 4 Munf. 124; 6 Esp. R. 
  20; 2 Ves. 236; 2 Camp. R. 844; 1 Stark. R. 192. And see, in general, 10 
  Vin. Abr. 420, tit. Estoppel; Bac. Abr. Pleas, 111; Com. Dig. Estoppel; Id. 
  Pleader, S 5; Arch. Civ. Pl. 218; Doct. Pl. 255; Stark. Ev. pt. 2, p. 206, 
  302; pt. 4, p. 30; 2 Smith's Lead. Cas. 417-460. Vide Term.