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estoppel by deed

Defined in 3 dictionaries — Case Law, Ballentine's (1916), Black's (1910)

Definitions from Case Law

From 62 U.S. 228 - Lessee of French v. Spencer · 1858Most cited · 72 citing opinions

Where the grantor sets forth on the face of his conveyance, by averment or recital, that he is seized of a particular estate in the premises, and which estate the deed purports to convey, the grantor and all persons in privity with him shall be estopped from ever afterwards denying that he was seized and possessed at the time he made the conveyance. The estoppel works upon the estate, and binds an after-acquired title, as between parties and privies.

Ballentine's Law Dictionary

James A. Ballentine · 1916

An estoppel from the contents of the grantor’s prior deed. See 10 Cush. (Mass.) 163.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

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. PI. 197. A man shall always be estopped by his own deed, or not permitted to aver or prove anything in contradiction to what he has once so solemnly and deliberately avowed. 2 Bl. Comm. 295 ; Plowd. 434; Hudson v. Winslow Tp., 35 N. J. Law, 441; Taggart v. Risley, 4 Or. 242; Appeal of Waters, 35 Pa 526, 78 Am. Dec. 354.

Defined under Estoppel in Black's Law Dictionary.

Defined under Collateral estoppel in Black's Law Dictionary.