ESTOPPEL. The preclusion of a person from asserting a fact by previous conduct, in consistent therewith, on his own part or the part of those under whom he claims, or by an adjudication upon his rights which be cannot be allowed to call in question.
A preclusion, in law, which prevents a man from alleging or denying a fact, in conse quence of his own previous act, allegation, or denial of a contrary tenor. Stephen, Plead. 239.
A plea which neither admits nor denies the facts alleged by the plaintiff, but denies his right to allege them. Gould, Plead. c. 2, 39.
A special plea in bar, which happens where a man has done some act or executed some deed which precludes him from averring at), thing to the contrary. 3 Blackstone, Comm. 308.
Whore a fact has been admitted or asserted for the purpose of influencing the conduct or deriving a benefit from another so that it cannot be denetd without a breach of good faith, the law enforces the rule of good morals as a rule of policy, and precludes the party from repudiating his representations or denying the truth of his admissions. 5 Ohio, 199; 3d ed. 407.
This doctrine of law gives rise to a kind of plead ing that is neither by way of traverse, nor confession and avoidance, viz.: a pleading that, waiving any question of fact, relies merely on the estoppel, and, after stating the previous act, allegation or denial of the opposite party, prays judgment if be shall be received or admitted to aver contrary to what be before did or said. This pleading is called a plead ing by way of estoppel. Stephen, Plead. 240. Formerly the questions of regarding estoppel arose almost entirely in relation to transfers of real property, and the rules in regard to one kind of estoppel were quite fully elaborated. In more mo dern time the principle has come to be applied to all cases where one by words or conduct wilfully causes another to believe in the existence of a cer tain state of things, and induces him to act on that belief or to alter his own previous position. 2 Exch. 653; I Zahr. N. J. 403 ; 28 Me. 525; 9 N. Y. 121 ; 16 Wend. N. Y. 531; 40 Me. 348. See, as to the reason and propriety of the doctrine, Coke, Litt.
352 a; 11 Wend. N. Y. 117; 13 id. 178; 3 Hill, N. Y. 219 ; 1 Dev. & B. No. C. 464; 12 Vt. 44.
2. By DEED. Such as arises from the pro visions of a deed. It is a general rule that a party to a deed is estopped to deny any thing stated therein which has operated upon the other party: as, the inducement to accept and act under such deed, 1 Washburn, Real Prop. 464; 7 Conn. 214; 13 Vt. 158 ; 3 Mo. 373; 5 Ohio, 199; 10 Cush. Mass. 163 ; and see 5 Johns. Ch. N. Y. 23 ; 7 J. J. Marsh. Ky. 14; 15 Mass. 307 ; 13 Pick. Mass. 116; 3 Cal. 263 ; 6 id. 153; 2 Serg. & R. Penn. 507 ; 3 M'Cord, So. C. 411 ; 6 Ohio, 366; including a deed made with covenant of warranty, which estops even as to a subsequently acquired title. 11 Johns. N. Y. 91 ; 13 id. 316; 14 id. 193 ; 9 Cow. N. Y. 271; 3 Pick. Mass. 52 ; 13 id. 116 ; 24 id. 324 ; 3 Mete. Mass. 121 ; 13 N. H. 389; 20 Me. 260; 3 Ohio, 107; 12 Vt. 39. But see 13 Pick. Mass. 116; 5 Gray, Mass. 328; 4 Wend. N. Y. 300; 11 Ohio, 475 ; 14 Me. 351; 43 id. 432.
3. To create an estoppel, the deed must be good and valid in its Perm and execution, 2 Washburn, Real Prop. 41, and must convey no title upon which the warranty can ope rate in case of a covenant. 3 McLean, C. C. 56 ; 9 Cow. N. Y. 271; 2 Preston, Abstr. 216. Estoppels affect only parties and privies in blood, law, or estate. 6 Bingh. N. c., 79 ; 3 Johns. Ch. N. Y. 103 ; 6 Mass. 418 ; 24 Pick. Mass. 324 ; 35 N. H. 99 ; 5 Ohio, 190 : 11 id. 478 ; 2 Dev. No. C. 177 ; 13 N. H. 389. See 2 Washburn, Real Prop. 480. Estcppels, it is said, must be reciprocal. Coke, Litt. 352 a. But see 4 Litt. Ky. 272 ; 15 Mass. 499 ; 11 Ark. 2 Smith, Lead. Cas. 5 Hare & W. ed. 664. And see 2 Washburn, Real Proy. 458-481.
S 4. By MATTER OF RECORD. Such as arises from the adjudication of a competent court. Judgments in courts of record, and decrees and other final determinations of ecclesias tical, maritime, and military courts, work es toppels. 4 Kent, Comm. 10th ed. 293 ; 4 Mass. 6:5 ; 10 id. 155 ; 1 Munf. Va. 466 ; 3 East, 345, 356 ; 2 Barnew. & Ald. 362.