Eastwood v. Standard Mines & Milling Co.
Idaho Supreme Court
APPEAL from District Court in and for Blaine County. Honorable Lyttleton Price, Judge. This ease involves a question of equitable estoppel in relation to the title to real estate, that defendant is estopped from disproving the facts stated in the notice, and therefore his property is liable.
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APPEAL from District Court in and for Blaine County. Honorable Lyttleton Price, Judge. This ease involves a question of equitable estoppel in relation to the title to real estate, that defendant is estopped from disproving the facts stated in the notice, and therefore his property is liable. An estoppel in pais in respect to the title to real estate cannot arise from mere silence, where the party asserting the estoppel was acquainted with the true state of the title, or had equal means with the other party of ascertaining it, as where there was a duly recorded deed. This doctrine of estoppel…
1Opinion of the CourtAilshie, J.
(After Making Statement.) — Fleming, the appellant, relies upon the insufficiency of the findings to support the judgment allowing a lien against his property. It is very plausibly argued by his counsel that since the court found that appellant’s title was a matter of record, as appeared by the official records of the county, that such finding contradicts the findings to the effect that his actions and conduct in not notifying the plaintiffs of his title was such as to deceive *202them into believing that the Standard Mines and Milling Company was the true owner. It is also argued that such…
2Cases cited18 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Breeze v. BrooksCalifornia Supreme Court · 1892
- Warren v. HopkinsCalifornia Supreme Court · 1895
- Paine v. San Bernardino Valley Traction Co.California Supreme Court · 1904
- Campbell v. JacobsonIllinois Supreme Court · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1908
- Froman v. MaddenIdaho Supreme Court · 1907
- Dickey v. ClarkeIdaho Supreme Court · 1943
- Marshall-Wells Co. v. KramlichIdaho Supreme Court · 1928
- Mashburn v. St. Joe Improvement Co.Idaho Supreme Court · 1910
11 more not listed; retrieve them via the Exa API.