Estoppel
A Law Dictionary and Glossary · George C. Kinney · 1893
A Law Dictionary and Glossary
An impediment, or bar, by which a man is precluded in law from alleging or denying a fact, in consequence of his own previous act, allegation or denial, to the contrary; a pleading which sets up some matter that bars the opnosite party from alleging a fact. Estoppel by deed: an estoppel which arises where a party has executed a deed reciting a fact, and which precludes him from afterwards denying, in any action brought upon that instru.nent, the fact recited. Estoppel by matter in pais: an estoppel by matter that is neither a record nor a deed, an estoppel, that is, arising from an open act, or a verbal representation or declaration upon which another has acted. Estoppel by matter of record: an estoppel arising from an admission by a party made in a court of record in a pleading or otherwise, or from a judgment against the party, or some one to whom he is a privy. Estoppel, collateral: the collateral determination of a question by a court having general jurisdiction of the subject