Definition of DEED, ESTOPPEL BY in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DEED, ESTOPPEL BY
Such as arises from the provisions of a deed. Erickson v. Wiper, 33 N.D. 193, 157 N.W. 592, 598; Green v. Clark, 13 Vt. 158; Reinhard v. Virginia Lead Min. Co., 107 Mo. 616, 18 S.W. 17, 28 Am.St.Rep. 441.
A preclusion against the competent parties to a valid sealed contract and their privies to deny its force and effect by any evidence of inferior solemnity. Hart v. Anaconda Copper Mining Co., 69 Mont. 354, 222 P. 419, 421.
Such an estoppel occurs where a party has executed a deed, that. is, a writing under seal (as a bond) reciting a certain fact, and is thereby precluded from afterwards denying, in any action brought upon that instrument, the fact so recited. Steph, P1. 197. A man shall always be estopped by his own deed, or not permitted to aver or prove anything in contradiction to what he has once so solemnly and deliberately avowed. 2 Bl.Comm. 295; Plowd. 434; Hudson v. Winslow Tp., 35 N.J.Law, 441; Taggart v. Risley, 4 Or. 242; Appeal of Waters, 35 Pa. 526, 78 Am. Dec. 354.
A warranty deed by one having only a contingent remainder passes title, by way of "estoppel" to grantee, as soon as remainder vests by happening of contingency. Thames v. Goode, 217 N.C. 639, 9 S.E.2d 485, 488.
"Estoppel by deed" is a bar precluding party from denying truth of his deed. Talley v. Howsley, Tex.Civ.App., 170 S.W.2d 240, 243. It is limited to an action founded on the deed itself. Hughes v. Cobb, 195 Ga. 213, 23 S.E.2d 701, 715. It applies to the maker of the deed and does not ordinarily apply to the grantee. Hughes v. Cobb, 195 Ga. 213, 23 S.E.2d 701, 715. It arises only when a suit is on the deed or concerning a right arising out of the deed and between parties or privies to the deed. Robert v. O'Connell, 269 Mass. 532, 169 N.E. 487, 488. It arises only where there is express representation as to ownership, title % or interest in question, or where there are express warranties thereto. Petition of Testan, 156 Misc. 449, 281 N.Y.S. 96. It cannot be invoked by one through whose imposition a statement was inserted in the deed. Capitol Nat. Bank & Trust Co. v. David B. Roberts, Inc., 129 Conn. 194, 27 A.2d 116, 119, 141 A.L.R. 1179. It precludes a party thereto and his privies as against other party and his privies. Sammons v. Brunson, Tex.Civ.App., 25 S.W.2d 685, 688.
A distinct and precise assertion or admission of fact is necessary. Cook v. Farley, 195 Miss. 638, 15 So.2d 352, 357.
Inducement to change course to one's disadvantage is essential. Funderburk v. Magnolia Sugar Co-op., La.App., 8 So.2d 374, 377.
The effect of doctrine is same as if indeed itself, there had been inserted express provision that it conveyed not only all title then possessed but all that might thereafter be acquired. Meyers v. American Oil Co., 192 Miss. 180, 5 So.2d 218, 220.
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