Bstoppel

[from estop; L. Lai. oppilare.] An impeiiiinent, or bar by which a roan is precluded in law from alle^g or denying a fact, in consequence of his own previous act, allegation or denial, to the contrary* Steph. PL 196, 197.

An estoppel

where a man has done some act, or executed some deed, which estops or precludes him from averring any thing to the contrary.

8 £L Com. 308.

It

called an estoppel, says Lord Coke, " because a man's own act or acceptance stoppeth or closeth up his mouth to allege or plead the truth.^' Co. LitU 852 a.

2 Crahh's Real Prop, 1046, § 2432.

This is called by Mr. Smith, '' a startling," and by Mr. Best, "an unlucky" definition; the last named writer observing that "one would imagine from the language of Sir E. Coke, that truth was the enemy which the law of estoppel was invented to exclude."

2 Smitl^s Lead, Cos, 436.

Best on £vid.

403, § 362.

The definition given in the Termes de la ley is less objectionable; ^'Estoppel is where one is concluded and forbidden to speak against his own act or deed, yea, though it he to say the truth** And see, as to the doctrine of estoppels, and the reason of it, 4 Rentes Com, 261, and note.

Estoppel by matter 07 record.

An estoppel founded upon matter of record; as a confession or admission made in pleading in a court of record, which precludes the party from afterwutls contesting the same fact in the same suit. Steph, PI.

197.

As to this kmd of estoppel, and the doctrine of the conclusive efl Fect of a record, see 2 Smith's Lead, Cos. 437—445, and American ed. note. Lord Coke classes letters patent, fines and recoveries among matters of record which estop a party.

Co. Litt, 352 a.

Estoppel bt deed is where a party has executed a deed, that is, a writing under seal (as a bond) reciting a certain fact, and is thereby precluded from afterwards denying, in any action brought upon that instrument, the fact so recited.

Steph, PL 197.

A man shall always be estopped by his own deed, or not permitted to aver or prove any thing in contradiction to what he has once so solemnly and deliberately avowed.

2 BL Com. 295. Plotod, 434. Cowp. 601. 2 Crah Vs Real Prop. 1046, § 2432. 2 Smithes Lead. Cos. 456, 457.

4 Ken£s Com, 261, and note. A writing which is not technically a deed, that is, which is not under seal, does not operate as an estoppel. A good example of this is the case of a receipt.

ESI Smith on i3em.Ww^, 16. Bronson, J., (diisenting,) 3 Bi Ws (N. Y.) R. 215, 220.

Estoppel bt matter ik pais, (or tn the country.) An estoppel by matter that is neither a record, nor a deed,* such as livery, entry, acceptance of rent, &c.

Co. Litt. 352 a.

Thus, where 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.

Steph. PL 197.

Com. Dig, Estoppel.

Co. LitL 352 a. 2 Smith's Lead. Cas, 458. See 3 Hil Vs (N. Y.) R. 215. Bronson, J., Id, 220. 4 Mann. A Or. 209.

Admissions belong to this division of estoppels.