Nourse v. Nourse
Massachusetts Supreme Judicial Court
Petition, filed May 28, 1874, for partition of three tracts of land. Trial in the Superior Court, before Allen, J., who, after a verdict that the petitioner held two of the tracts in common with the respondent, but not the last tract described in the petition situated in Oakham, allowed a bill of exceptions in substance as follows: The petitioner introduced the following evidence.
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Petition, filed May 28, 1874, for partition of three tracts of land. Trial in the Superior Court, before Allen, J., who, after a verdict that the petitioner held two of the tracts in common with the respondent, but not the last tract described in the petition situated in Oakham, allowed a bill of exceptions in substance as follows: The petitioner introduced the following evidence. On June 2, 1864, the respondent made a mortgage of the tract, of land last mentioned and described in the petition to his father, Timothy Nourse, and his brother, the petitioner, to secure the payment of a note of…
1Opinion of the CourtWells, J.
The position of the petitioner, that the respondent was estopped from denying the delivery of the mortgage, cannot be maintained. There could be no estoppel by deed, unless the deed had been delivered. The very question at issue was whether the instrument had been delivered so as to take effect as a deed.
There was.no estoppel in pais. It was not shown that what was done and said by the respondent was with any intent that his father or brother should take any action in reliance upon it; or that they did act upon it. The essential elements of an estoppel are wanting.
The petitioner was not…
2Cited by7 opinions
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