Legal Opinion

Ekwortzell v. Blue Grass Township

North Dakota Supreme Court

Decided May 20, 1914PublishedCited by 2 opinions

Appeal from the District Court of Morton County, Nuchols. T. To constitute estoppel, one, by his acts or representations, or by his silence when he should speak, either intentionally or by his negligence must induce another to believe and to act to his injury.

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Appeal from the District Court of Morton County, Nuchols. T. To constitute estoppel, one, by his acts or representations, or by his silence when he should speak, either intentionally or by his negligence must induce another to believe and to act to his injury. Pence v. Arbuckle, 22 Minn. 417; Hawkins v. Methodist Episcopal Church, 23 Minn. 256. Estoppel is interposed to prevent injustice and to guard against fraud, by denying to a party the right to repudiate his admissions when they have been rightfully and in good faith acted upon. Alexander v. Walter, 8 Gill, 239, 50 Am. Dec. 688; Taylor…

1Opinion of the CourtBurke, J.

About June 5, 1894, a number of freeholders of the county of Morton petitioned the county commissioners to establish a highway extending for several miles and incidentally passing on the south line of a certain quarter section designated as the S. E. J of 30-140-86, which tract was at that time owned by one Buoff. This petition was signed, among others, by this plaintiff, who, however, did not at that time own the land. Proceedings were subsequently had whereby the county board appointed three freeholders of the county to act as viewers and report to the board. Those proceedings are set out…

2Cases cited19 opinions

  1. Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
  2. Evansville, Indianapolis & Cleveland Straight Line Railroad v. City of EvansvilleIndiana Supreme Court · 1860
  3. Evansville Ice & Cold Storage Co. v. WinsorIndiana Supreme Court · 1897
  4. Lingo v. BurfordSupreme Court of Missouri · 1892
  5. Chicago & Atlantic Railway Co. v. SuttonIndiana Supreme Court · 1892

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3Cited by2 opinions

  1. Kleppe v. Odin TownshipNorth Dakota Supreme Court · 1918
  2. Semerad v. Dunn CountyNorth Dakota Supreme Court · 1916

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