ESTOPPEL, pleading. An estoppel is a preclusion, in law, which
prevents a
man from alleging or denying a fact, in consequence o his own previous
act, allegation or denial of a contrary tenor. Steph. Pl. 239. Lord Coke
says, "an estoppel is, when a man is concluded by his own act or
acceptance, to say the truth." Co. Litt. 352, a. And Blackstone defines
"an estoppel to be a special plea in bar, which happens where a man has
done some act, or executed some deed, which estops or precludes him from
averring any thing to the contrary. 3 Cora. 308. Estoppels are odious
in law; 1 Serg. & R. 444; they are not admitted in equity against
the truth. Id. 442. Nor can jurors be estopped from saying the truth,
because they are sworn to do so, although they are estopped from finding
against the admission of the parties in their pleadings. 2 Rep. 4;
Salk. 276; B. N. P. 298; 2 Barn. & Ald. 662; Angel on Water Courses,
228-9. See Co. Litt. 352, a, b, 351, a. notes. 2. An estoppel may,
arise either from matter of record; from the deed of the party; or from
matter in Pays; that is, matter of fact. 3. Thus, any confession
or admission made in pleading, in a court of record, whether it be
express, or implied from pleading over without a traverse, will forever
preclude the party from afterwards contesting the same fact in any
subsequent suit with his adversary. Com. Dig. Estoppel, A 1. This is an
estoppel by matter of record. 4. As an instance of an estoppel by
deed, may be mentioned the case of a bond reciting a certain fact. The
party executing that bond, will be precluded from afterwards denying in
any action brought upon that instrument, the fact, so recited. 5 Barn.
& Ald. 682. 5. An example of an estoppel by matter in pays
occurs when one man has accepted rent of another. He will be estopped
from afterwards. denying, in any action, with that person, that he was,
at the time of such acceptance, his tenant. Com. Dig. Estoppel, A 3 Co.
Litt. 352, a. 6. This doctrine of law gives rise to a kind of
pleading 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 he shall be
received or admitted to aver contrary to what he before did or said.
This pleading is called pleading by way of estoppel. Steph. 240a 7.
Every estoppel ought to be reciprocal, that is, to bind both parties:
and this is the reason that regularly a stranger shall neither take
advantage or be bound by an estoppel. It should be directly affirmative,
and not by inference nor against an estoppel. Co. Lit. 352, a, b; 1 R.
442-3; 9 Serg. & R. 371, 430; 4 Yeates' 38 1 Serg. & R. 444;
Corn. Dig. Estoppel, C 3 Johns. Cas. 101; 2 Johns. R. 382; 8 W. & S.
135; 2 Murph. 67; 4 Mont. 370. Privies in blood, privies in estate, and
privies in law, are bound by, and may take advantage of estoppels. Co.
Litt. 352; 2 Serg. & Rawle, 509; 6 Day, R. 88. See the following
cases relating to estoppels by; Matter of record: 4 Mass. R. 625; 10
Mass. R. 155; Munf. R. 466; 3 East, R. 354; 2 Barn. & Ald. 362, 971;
17 Mass. R. 365; Gilm. R. 235; 5 Esp. R. 58; 1 Show. 47; 3 East, R.
346. Matter of writing: 12 Johns. R. 347; 5 Mass. R. 395; Id. 286; 6
Mass. R. 421; 3 John. Cas. 174; 5 John. R. 489; 2 Caines' R. 320; 3
Johns. R. 331; 14 Johns. R. 193; Id. 224; 17 Johns. R. 161; Willes, R.
9, 25; 6 Binn. R. 59; 1 Call, R. 429; 6 Munf. R. 120; 1 Esp. R. 89; Id.
159; Id. 217; 1 Mass. R. 219. Matter in pays: 4 Mass. R. 181; Id. 273 15
Mass. R. 18; 2 Bl. R. 1259; 1 T. R. 760, n.; 3 T. R. 14; 6 T. R. 62; 4
Munf. 124; 6 Esp. R. 20; 2 Ves. 236; 2 Camp. R. 844; 1 Stark. R. 192.
And see, in general, 10 Vin. Abr. 420, tit. Estoppel; Bac. Abr. Pleas,
111; Com. Dig. Estoppel; Id. Pleader, S 5; Arch. Civ. Pl. 218; Doct. Pl.
255; Stark. Ev. pt. 2, p. 206, 302; pt. 4, p. 30; 2 Smith's Lead. Cas.
417-460. Vide Term.
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