American Exchange National Bank v. Winder

The fundamental question is whether there is enough evidence to sustain the jury’s answer to the fourth issue; for if the appellant is estopped as against the plaintiff to assert title to the property in controversy only a few of the exceptions need be considered. The answer may be found in the doctrine of estoppel.

We are not concerned with estoppel by record or by writing, but with estoppel in pads — i. e., equitable estoppel. While equitable estoppels arise from facts which are matters in pais, there is an essential and marked distinction between them and legal estoppels in pais. The two…