Legal Opinion

In Re the Will of Covington

Supreme Court of North Carolina

Decided May 18, 1960No. 456PublishedCited by 21 opinions

1Opinion of the CourtRodman, J.

Courts of equity, to prevent injustice to one who relies on the spoken word or act of another, fashioned-a rule of conduct called estoppel in pais. The rule prohibits or estops the speaker or actor from controverting what he had previously asserted. Lord Coke said: “It is called an estoppel or conclusion, because a man’s own act or acceptance stoppeth or closetb up his mouth to allege or plead the truth.”

Adams, J., said: “Equitable estoppel in pais owes its origin and development to the notion of justice promulgated by courts of chancery. It embraces estoppel by conduct which rests upon the…

2Cases cited14 opinions

  1. Peek v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1955
  2. Boddie v. BondSupreme Court of North Carolina · 1911
  3. North Carolina Self Help Corp. v. BrinkleySupreme Court of North Carolina · 1939
  4. McNeely Ex Rel. McNeely v. WaltersSupreme Court of North Carolina · 1937
  5. Hawkins v. M & J FINANCE CORP.Supreme Court of North Carolina · 1953

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
  2. Creech v. MelnikSupreme Court of North Carolina · 1998
  3. Friedland v. GalesCourt of Appeals of North Carolina · 1998
  4. Gore v. Myrtle/MuellerSupreme Court of North Carolina · 2007
  5. Parker v. Thompson-Arthur Paving Co.Court of Appeals of North Carolina · 1990

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API