Estoppel

A bar or impediment raised by the law, which precludes a man from alleging or from denying a certain fact or state of facts, in consequence of his previous allegation or denial or conduct or ad- Mission, or in consequence of a final adjudication of the matter in a court of law. A preciusion, in law, which prevents a man from alleging or denying a fact, in consequence of his own previous act, allegation, or denial of a contrary tenor. Steph. TP). 239, An admission of so conclusive a nature that the party whom it affects is not permitted to aver against it or offer evidence to controvert it.

2 Smith, Lead. Cag. 778.

Estoppel is that which concludes and “shuts a record, neilher of the purties shall be allowed to call it in question, and have it tried over again at any time thereafter, so long as the judgment or decree stands unreversed; and when parties, by deed or solemn act in pats, agree on a state of facts, and act on it, neither shall ever afterwards be allowed to zainsay a fact so agreod on, or be heard to dispute it; in other words, his mouth is shut, and be shall not say that is not true which he had before in asolemn manner asserted to be true.

Gusb. 157.

Hgutteble estoppel (or estoppel by conduct, or in pais) is the species of estoppel which equity puts upolu a person who has made a false representation or a concealment of miterial facts. with knowledge of the facts, toa party ignorant of the trath of the matter, with the intention that the other party shonid act upon it, and with the result that such party is actually induced toact upen it, to his damage.

Bigelow, Estop. 484.

In pleading. A plea, replication, or other pleading, which, without eonfessing or denying the matter of fact adversely alleged, relies merely on some matter of estoypel as a ground for excluding the opposite party from the allegation of the fact.

Steph. Pl. 219; 3 Bl. Comm, 308.

A plea which neither admits nor denies the facts alleged by the plaintiff, but denies lis Tight to allege them. Gould, PL c.

2, § 39.

A special pleain bar, whieh happens where aman has done some act or executed some deel whieh precludes him from averring anything to the contrary.

3 Bl. Comm, 308.

ESTOPPEL BY DEED is where a party has exeented a deed, that is, a wriling under seal (as a bond) reciting a certain fact, andis thereby precluded from afterwards denying, inany action brought upon tliat instruments the fact so recited.

Steph. Pl. 197.

A man shall always be estopped by his own dead, or not permitted to aver or prove anything in contradiction to what he has once go solemnly and deliberately avowed, 2 Bl. Comm. 293; Plowd. 434.