Estis v. . Jackson
Supreme Court of North Carolina
This was an action for damages for waste alleged to have been committed by defendant, tried at November Term, 1892, of Granville Superior Court, Winston, J., presiding. The plaintiff took a nonsuit and appealed. L. D. Estis testified: “Duncan Loyd, a son of Sally Loyd, came to see me in regard to buying the land described in the complaint.
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This was an action for damages for waste alleged to have been committed by defendant, tried at November Term, 1892, of Granville Superior Court, Winston, J., presiding. The plaintiff took a nonsuit and appealed. L. D. Estis testified: “Duncan Loyd, a son of Sally Loyd, came to see me in regard to buying the land described in the complaint. Mrs. Sally Loyd said she was willing for her son Duncan Loyd to sell his interest in her estate, and would 'assign’ with him to sell his interest in the land. I purchased the interest of Duncan Loyd first, and paid him seventy dollars. I think it was in the…
1Opinion of the Court
Shepherd, J.:
Without discussing the general doctrine, it is sufficient to say in the present case that, in order to work an estoppel in pais, “ there must be conduct — acts, language or silence — amounting to a representation or a concealment of material facts,” and that “ the truth concerning these facts must be unknown to the party claiming the benefit of the estoppel.” 2 Pom. Eq., 264. “ The estoppel is removed by proof that the party claiming its existence, even though mistaken in regard to his rights at law, had notice of the actual state of the facts at the time of acting upon the…
2Cases cited5 opinions
- King v. . RhewSupreme Court of North Carolina · 1891
- Loftin v. . CrosslandSupreme Court of North Carolina · 1886
- Munden v. . CaseySupreme Court of North Carolina · 1885
- Mayo v. . LeggettSupreme Court of North Carolina · 1887
- Johnson, Clark Co. v. . BernheimSupreme Court of North Carolina · 1877
3Cited by14 opinions
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- Atkinson v. PlumWest Virginia Supreme Court · 1901
- Jones v. CoulterCalifornia Court of Appeal · 1925
- Kenny v. McKenzieSouth Dakota Supreme Court · 1910
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