Moreman v. Talbott
Supreme Court of Missouri
Appeal from JYodaway Cirouit Gourt. I. Appellant is not estopped by anything he said or did prior to or at the time of the sale of said land under the County Court judgment. To constitute an estoppel in pais, the act or admission relied upon to have that effect, must be the moving cause and inducement, in the absence of which the party setting it up would not have done that upon which he claims the estoppel. (Hill vs. Epley, 31 Penn. St., 334; 2 Washb.
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Appeal from JYodaway Cirouit Gourt. I. Appellant is not estopped by anything he said or did prior to or at the time of the sale of said land under the County Court judgment. To constitute an estoppel in pais, the act or admission relied upon to have that effect, must be the moving cause and inducement, in the absence of which the party setting it up would not have done that upon which he claims the estoppel. (Hill vs. Epley, 31 Penn. St., 334; 2 Washb. R.P. [2nd Ed.], 459, § 9a, to ref. 5.) The cases, says Mr. Washb urn e, all agree in this, “that no man can set up another’s act or…
1Opinion of the CourtNapton, Judge
This was a proceeding to have defendant declared a trustee for plaintiff, as to the title to a tract of land in Nodaway county, and to compel a transfer of the defendant’s legal title to plaintiff. .
Most of the facts in the case are undisputed. It appears from the pleadings and evidence, that one Davis bought a quarter-section of the 16th section at one dollar and a quarter per acre, on the 30th of October, 1856, ata sale by the sheriff made by order of the Oounty Court, and received the sheriff’s certificate to this effect; that upon payment of the purchase money he was entitled to a deed ;…
2Cases cited1 opinion
- Huntsucker v. ClarkSupreme Court of Missouri · 1849
3Cited by5 opinions
- Wall v. BeedySupreme Court of Missouri · 1901
- Thompson v. AllenSupreme Court of Missouri · 1885
- Kinne v. WebbU.S. Circuit Court for the District of Western Missouri · 1892
- Schlawig v. PurslowCourt of Appeals for the Eighth Circuit · 1894
- Dye v. BowlingMissouri Court of Appeals · 1900