Kelly v. Wagner
Mississippi Supreme Court
Appeal from the Chancery Court of Yalobusha County. Hon. A. B. Fly, Chancellor. The facts are stated in the opinion. 1. The bill should be dismissed. Beaman v. Buck, 9 S. & M. 207; Box v. Stanford, 13 S. & M. 93; Metcalf v. Brandon, 58 Miss. 841; Gothard v. Flynn, 25 Miss. 58; 2 Story Eq. Jur., §§ 764, 767. 2. Complainant charges that Kelly is estopped by his conduct.
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Appeal from the Chancery Court of Yalobusha County. Hon. A. B. Fly, Chancellor. The facts are stated in the opinion. 1. The bill should be dismissed. Beaman v. Buck, 9 S. & M. 207; Box v. Stanford, 13 S. & M. 93; Metcalf v. Brandon, 58 Miss. 841; Gothard v. Flynn, 25 Miss. 58; 2 Story Eq. Jur., §§ 764, 767. 2. Complainant charges that Kelly is estopped by his conduct. In order to an estoppel by conduct the following elements must be present: (1) there must have been a representation or a concealment. of material facts; (2) the representation must have been made with knowledge of the fact; (3)…
1Opinion of the CourtChalmers, J.
In 1872 Wagner sold to Kelly an unimproved lot in the town of Water "Valley, making him an unencumbered deed therefor, and taking a note for eight hundred and fifty dollars for the purchase-money, secured by a trust deed on the property. The note fell due twelve months afterward, when Kelly sought Wagner, and, representing his entire inability to pay the note, begged Wagner to rescind the trade and take back the lot. He stated that the deed which had been given him was lost, and that it had never been recorded. This was untrue in fact, though probably believed to be true at the time by Kelly.…
2Cases cited1 opinion
- Barnett v. NicholsMississippi Supreme Court · 1879
3Cited by3 opinions
- Haggart v. WilczinskiCourt of Appeals for the Fifth Circuit · 1906
- Thomas v. HinsonMississippi Supreme Court · 1955
- Buford v. MochySupreme Court of North Carolina · 1944