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 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, 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 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 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 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 a bill of lading, 308 judgment against one of two or more wrong-doers, 56 judgment in rem, is not included in the general negotiable instruments, 277-297 in what respects different from the law of negotiability, 279, 280 See also Negotiable Instruments. 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. 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 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 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 by waiver of rights, 243 See also Waiver. See also Representation. by warrant of attorney, 4 devised and allowed in law for the maintenance of truth, 13 difference between application of, to deeds and to negotiable instru- doctrine of feeding the, 11 has no application to an Act of Parliament, 40 does not arise from a mere covenant, 200, note (h), 214, 215 a mere licence or charter of alienation, 38 in face of an Act of Parliament, 199-201, 200, note (i) 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 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. 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, 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 purchaser who has left indicia of title with vendor, 329, 330 under-tenant, 244, note (u) vendor, 274, 305, warehouseman, 272, 273 order of court of summary jurisdiction may operate as an, 96 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 |