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Estoppel

Glossary of Technical Terms, Phrases, and Maxims of the Common Law · Frederic Jesup Stimson · 1881

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

An impediment, by which a man is precluded in law from alleging or denying a fact, in consequence of his own previous action, inaction, allegation, or denial. An estoppel by deed is where it arises from a recital or statement contained in a previous deed of the party estopped; in pais (in the country), when it arises from an open act, or a verbal representation or declaration upon which another has acted. Estoppel by record is where it arises from an admission of the party made in the record of a court, in pleading or otherwise; or from a judgment against the party or some one to whom he is privy m blood, law, or estate; v. lies judicata. Collateral estoppel: the collateral determination of a question by a court having general jurisdiction of the subject; v. Flea.