Acton v. Dooley
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. — This case is reported in 6 Mo. App. 323. 1. The element of fraud is essential either in the intention of the party estopped, or in the effect of the evidence which he attempts to set up. 51 Mo. 449. 2. In order to estop appellant, it must appear that he did or said something that influenced respondent’s grantor to locate or continue his improvements where they are. 72 Mo. 503; Eitelgeorge v. The Mut.
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Appeal from St. Louis Court of Appeals. — This case is reported in 6 Mo. App. 323. 1. The element of fraud is essential either in the intention of the party estopped, or in the effect of the evidence which he attempts to set up. 51 Mo. 449. 2. In order to estop appellant, it must appear that he did or said something that influenced respondent’s grantor to locate or continue his improvements where they are. 72 Mo. 503; Eitelgeorge v. The Mut. H. R. Asso’n, 69 Mo. 52; Hill v. Epley, 31 Pa. St. 334; Commonwealth v. Moltz, 10 Barr 531. 3. Silence without knowledge works no estoppel; and if the…
1Opinion of the CourtHenry, J.
This is an action of ejectment, in which plaintiff seeks to recover a strip of land four and a half inches front on the north line of Carr street, in the city of St. Louis, by 155 feet in depth, which plaintiff claims is a part of lot number 5, in block 950. The petition is in the usual form, and the answer a general denial and the statute of limitations. There was a judgment for defendant, from which plaintiff appealed to the St. Louis court of appeals, where it was affirmed, and plaintiff has appealed to this court.
Plaintiff bought his lot, then unimproved, November 13th, 1865, and Lynch…
2Cases cited5 opinions
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Bales v. PerrySupreme Court of Missouri · 1873
- Turner v. BakerSupreme Court of Missouri · 1876
- Spurlock v. SprouleSupreme Court of Missouri · 1880
3Cited by45 opinions
- Watrous v. MorrisonSupreme Court of Florida · 1894
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Conrad v. FisherMissouri Court of Appeals · 1889
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
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