Estoppel

The preclusion of a person from asserting a fact by previous conduct, inconsistent therewith, on his own part, or the part of those under whom he claims, or by a solemn establishment, which he cannot be allowed to call in question. A preclusion, 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. Pl. 239. "Estoppe cometh of the French word estoupe, from whence the English word 'stopped,' and it is called an 'estoppel' or 'conclusion' because a man's own act or acceptance stoppeth his mouth to allege or plead the truth."

Co. Litt. 352a.

Estoppel is either by record, by deed, or by facts in pais. (1) Estoppel by record is the preclusion of one to deny that which either appears by the roll of a legislature, or has been adjudicated by a court of competent jurisdiction. See "Former Adjudication." (2) Estoppel by deed is the preclusion of one to deny that which he has asserted by an agreement or conveyance under seal. See 7 Conn. 214; 13 Pick. (Mass.) 670; 62 Ill. 344; 18 Johns. (N. Y.) 492. (3) Estoppel by facts in pais, commonly called "estoppel in pais," is the preclusion of one to deny that which, by his conduct, he may have induced another to believe and act on to his prejudice.

129 Ill. 657; 60 Minn. 331; 22 N. J. Law, 619; 46 Ohio St. 255.