Staton v. Bryant
Mississippi Supreme Court
Appeal from the Chancery Court of Tallahatchie County;. Hon. J. N. Campbell, Chancellor. The casé is stated in the opinion of the court. The appellant is not bound by the sale to Bryant, unless by his conduct he is estopped from setting up his title to the land.
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Appeal from the Chancery Court of Tallahatchie County;. Hon. J. N. Campbell, Chancellor. The casé is stated in the opinion of the court. The appellant is not bound by the sale to Bryant, unless by his conduct he is estopped from setting up his title to the land. To constitute estoppel by conduct, the following elements must be present: (1) there must have been a representation, or concealment, of material facts ; (2) the representation must have been made with knowledge of the facts ; (3) the party to whom it was made must have been ignorant of the* truth of the matter; (4) it must have been…
1Opinion of the CourtCampbell, J.
Levi and Arthur Staton were the legatees and devisees of" their deceased father, Harvey Staton. The close of the late war between the states found them in possession of 889 acres of land, the subject of this dispute, the most valuable part of' it being the 16th section, on which are all of the improvements, it being estimated as worth some $7,000 or more, and the other land about $1,000. The slaves having been emancipated, the personal estate was of little value. Bryant was a creditor of' Harvey Staton, and obtained two judgments against Arthur Staton, executor of the will of Harvey Staton,…
2Cases cited2 opinions
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