Sensinger v. Boyer
Supreme Court of Pennsylvania
Appeal, No. 260, Jan. T., 1893, by plaintiff, Howard Sensinger, from judgment of C. P. Lehigh Co., Nov. T., 1890, No. 13, in favor of defendant, on ease tried by the court without a jury. Trespass for wrongful levy and sale, tried by the court without jury. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 260, Jan. T., 1893, by plaintiff, Howard Sensinger, from judgment of C. P. Lehigh Co., Nov. T., 1890, No. 13, in favor of defendant, on ease tried by the court without a jury. Trespass for wrongful levy and sale, tried by the court without jury. The facts appear by the opinion of the Supreme Court. The am. sci. fa. agreed “ that judgment be entered in favor of plaintiff and against defendant above named; that the above stated judgment be revived, and continue a lien on defendant’s real estate for another period of five years,” etc. Sensinger was named as terre-tenant. The court…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The question raised on this record is one of estoppel. Is the plaintiff in the action estopped from alleging his own title to the goods seized and sold by the sheriff? The learned trial judge held that he was, and the correctness of his ruling on this subject presents the only point for consideration. There is no doubt about the general principle on which the doctrine of estoppel rests. Having induced action by another on a belief in a given state of facts, it is unjust to permit him who induced the action to deny the facts and strip the action of the protection…
2Cases cited4 opinions
- Reel v. ElderSupreme Court of Pennsylvania · 1869
- McKnight v. BellSupreme Court of Pennsylvania · 1890
- Ayres v. WattsonSupreme Court of Pennsylvania · 1868
- Musser v. OliverSupreme Court of Pennsylvania · 1853
3Cited by10 opinions
- Stone v. C. I. T. Corp.Superior Court of Pennsylvania · 1936
- In re Churchill Area School DistrictCommonwealth Court of Pennsylvania · 1977
- Silliman v. William Whitmer & SonsSuperior Court of Pennsylvania · 1899
- National Cash Register Co. v. ShurberSuperior Court of Pennsylvania · 1909
- Work v. PrallSuperior Court of Pennsylvania · 1904
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