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ECCLESIASTICAL COURTS-continued.

sentences of,

could not be pleaded as estoppels, 418

effect of fraud on, 70, 72

in favour of marriage, bound strangers, 412

in what cases conclusive, 416, 418

not conclusive in subsequent criminal proceedings, 424-427
were proceedings of quasi record, 17

EJECTMENT,

effect of judgment in, by way of estoppel, 23, 243-249, 252—254,

258

judgment in, rule formerly as to pleading, 395, 396

ELECTION

was not conclusive beyond time laid in demise, 23

by auctioneer, to sell for one of two parties, effect of, 276

bailee, to take the part of one of two claimants, effect of, 276

to take one civil remedy, a bar to taking another, 31

take one of two remedies, effect of, on estoppel by representation,
376-378

may be changed in certain cases, 376

what amounts to an, 31, note (x), 377, note (c), 378

See also Parliamentary Elections Act, 1868.

EMPLOYERS' LIABILITY ACT, 1880,

effect of proceedings in County Courts under, 99, note (g)

ENGLISH MARRIAGE,

meaning of expression, 174, note (d)

ENTRY,

estoppel by, 4

EQUITABLE ESTOPPEL, 240

principles of, 299-304

EQUITY,

bill in, effect of allegations in, 58, 59

dismissal of bill in, a bar to a subsequent action at law, 18, note (7)

effect of, on subsequent suit in equity, 58

motion in, effect of refusal of, 58, note (»)

ERROR,

how far foreign judgments impeachable for, 140-147
See also Foreign Judgment,

in fact, records cannot be contradicted by, 20

ESTATE BY ESTOPPEL, 225-230, 234-237

advantage of, 225, 226

and estate by interest, difference between, 231–234

arises by virtue of the indenture, 228

binds lessor and those claiming under him, 227

does not arise, if it is apparent, on face of indenture itself, that lessor

has nothing in the lands, 228

does not arise on a lease by a married woman,

233

doubtful whether it benefits lessee's assignees, 227

explanation of term, 225

is created, when lessor has, at time of demise, only an equitable
estate, 229

is not created as between lessor and a stranger, 227

lease must be of the land itself, and not of the herbage only, 227

may become subsequently an estate by interest, 233, 234

only arises in the case of a lease by indenture, and not in the case of

a lease by parol or by deed poll, 227

only continues during the term created by the indenture, 228
parcels must be precisely described in the indenture, 227

runs with the land, 228

takes precedence of an estate by interest subsequently acquired, 229,

230

ESTOPPEL

affects those who claim through party estopped, 52, 53

against estoppel sets the matter at large, 7

an excellent and curious kind of learning, 10

apparent odiousness of, origin of, 9-16

arising from admissions in pleading, 31, 32

See also Estoppel arising from Pleading.

arising from an action in which issue is joined upon title, 56
assessment by a corporation, 107, note (0)

a bill of lading, 308

judgment against one of two or more wrong-doers, 56
judgment in personam, 51 et seq.

judgment in rem, is not included in the general
definition of term, 1

negotiable instruments, 277-297

in what respects different from

the law of negotiability, 279, 280

See also Negotiable Instruments.
payment by bill of exchange, 306
probate of will, 37

See also Probate.

between landlord and tenant, see Landlord and Tenant,

Bigelow on, reference to, 14, note («)

ESTOPPEL-continued.

by acceptance of an estate, 4

possession, and by indenture of lease, difference

between, 241, note (g)

rent, 4

acquiescence, examples of, 341-353

See also Acquiescence.

admittance, 4

appearance and pleading, 33, note (e)

See also Estoppel arising from Pleading.
attornment, 257, 258

of tenant, 243

conduct, see Representation.

confession, 4, 112, note (o)

of defence under Rules of Supreme Court, 1883, 28

deed, 4, 193-238

See also Estoppel by Deed.

deed poll, 4

defeasance, 4

entering into possession, 4, 247
false representation, 310-318
See also False Representations.

fine, 4, 38, 225, note (u)

Trinity Term, 1853, 28

doctrine of feeding the estoppel applied to, 235, note (p)

letters patent, 4, 38

liverie, 4

matter in pais, 4, 239

negligence, 353-370

See also Negligence.

partition, 4, 239, note (b)

payment of rent, 246, 258-261

recovery, 4, 38

representation, 298 et seq.

binds only parties and privies, 304, 305
equitable nature of, 15

by representations intended to be acted upon, examples of, 318-324

of existing facts, examples of, 335-341

where damage sustained is the result of a reason-

able inference therefrom, examples of, 324-336
which have been acted upon by the party setting
up the estoppel, to his prejudice, examples of,
370-378

by waiver of rights, 243

See also Waiver.

See also Representation.

by warrant of attorney, 4

[blocks in formation]

devised and allowed in law for the maintenance of truth, 13

difference between application of, to deeds and to negotiable instru-
ments, 358

doctrine of feeding the, 11

has no application to an Act of Parliament, 40
purely legal, 12

does not arise from a mere covenant, 200, note (h), 214, 215
an invoice, 307

a mere licence or charter of alienation, 38

in face of an Act of Parliament, 199-201, 200, note (i)
where an interest passes, 226, 230-234

effect of negligence on, 304

estate by, 225-230

See Estate by Estoppel.

false verdict may work an, 20

fed by accruing interest, 226

foreign acquittal not pleadable in England as, 161

sentence in Admiralty not pleadable in England as, on

collateral matters, 186

general rules respecting, 4

how it should be regarded in equity, 13, note (1)

importance of doctrine of, 16

in actions for use and occupation, 243, 214, 246, 248, 251

of ejectment, 243, 249, 252-254, 258

replevin, 242, 248, 252, 258

trespass, 248

case of tenancy at will, 247

by sufferance, 247

from year to year, 247

chancery, case of, 13, note (7)

equity, not created by judgment at law, 13

real and personal actions, former distinction between, 55

what respect different from an admission, 2, 3, note (i)

liability of partner by, 282, note (r)

matter that is neither traversable nor material does not create an, 7
meaning of, 198

mere surplusage does not create an, 7

must be certain to every intent, 6

no one may plead, unless he himself may be estopped, 54

not abolished in America, 16, note (r)

not created formerly by chancery proceedings, 12, note (e)

ESTOPPEL-continued.

on agent, 268 et seq.
auctioneer, 274-276
bailee, 268, et seq.
bailor of chattel, 329

broker's principal, 328, 329

company, 386, note (z)

by accepting notice of assignment of bonds, 345, 346

See also Company.

copyholder, 243

corporation, see Corporations.

executor or administrator, by verdict against testator or intestate,
53

father, does not bind the heir-in-tail, 5, note (1)

heir who claims through ancestor, 53

husband, binds widow, 5, note (t)

by verdict against wife, 53

member of corporation, by judgment of ouster, 53

owner of land, by allowing another to build on his land, 351
person representing himself as partner, 326, 327, 328, note (y)
pledgee, 274, 275

purchaser who has left indicia of title with vendor, 329, 330
trustee allowing bankrupt to trade, 351, 352

under-tenant, 244, note (u)

vendor, 274, 305,

warehouseman, 272, 273

order of court of summary jurisdiction may operate as an, 96
personal, does not bind heir, 5, note (9)

pleading an, 391-400

precedents of pleas of, 392

principle of, applied in chancery, 13

reason for allowing, 3

odium thrown on, 15

rebutter a kind of, 6

receipt not usually pleadable as, 306

recital in a Public Act of Parliament acts as an,

See also Act of Parliament.

recital of a particular fact operates as an, 7

right or title by, 304, 305, 373

39

relation of, to the doctrine of ultra vires, in the case of contracts by

companies, &c., 207, 208 et seq.

reversion by, 227, note (c), 229

See also Reversion.

sentence of court-martial may be pleaded by way of, 103

spiritual court did not formerly operate as an, 409, 408

should as a rule, be reciprocal, 5, 8

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