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Estoppel by silence

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 38 U.S. 107 - The Bank of the United States v. Elizabeth Lee · 1839Most cited · 41 citing opinions

if A sells and conveys his slaves or lands, and then produces to another his previous paper title, and obtains credit upon the goods or lands by pledging them for money loaned, he is guilty of a fraud; and if the true owner stands by and does not make his title known, he will be bound to make good the contract; on the principle that he who holds his peace when he ought to have spoken, shall not be heard now that he should be silent. He is deemed in equity a party to the fraud.