ACQUIESCENCE, ESTOPPEL BY - Black's Law Dictionary

What is ACQUIESCENCE, ESTOPPEL BY? Definition of ACQUIESCENCE, ESTOPPEL BY in Black's Law Dictionary

Acquiescence is a species of estoppel. Bankers' Trust Co. v. Rood, 211 Iowa, 289, 233 N.W. 794, 802, 73 A.L.R.1421.

An estoppel arises where party aware of his rights sees other party acting upon mistaken notion of his rights. Minear v. Keith Furnace Co., Iowa, 239 N.W. 584, 587. Injury accruing from one's acquiescence in another's action to his prejudice creates "estoppel". Lebold v.  Inland Steel Co., C.C.A.I11., 125 F.2d 369, 375; Passive conduct on the part of one who has knowledge of the facts may be basis of estoppel. Winslow v. Burns, 47 N.M. 29, 132 P.2d 1048, 1050.

It must appear that party to be estopped was bound in equity and good conscience to speak and that party claiming estoppel relied upon acquiescence and was misled thereby to change his position to his prejudice. Sherlock v. Greaves, 106 Mont. 206, 76 P.2d 87, 91.

Acquiescence in a judgment in order to constitute an estoppel must be unqualified. Messer v. Henlein, 72 N.D. 63, 4 N.W.2d 587, 589. One who stands by while his property is sold is "estopped" from setting up title against purchaser. Meadows v. Hampton Live Stock Commission Co., 55 Cal.App.2d 634, 131 P.2d 591, 592, 593.

The doctrine is applicable only where there is some element of turpitude or neglect. City of  Lafayette  v.  Keen, 113 Ind. App. 552, 48 N.E.2d 63, 70.

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