THE

LAW OF ESTOPPEL.

BY

LANCELOT FEILDING EVEREST, M.A., LL.M.

OF THE MIDLAND CIRCUIT,

AND

EDMUND STRODE, M.A.

OF THE SOUTH EASTERN CIRCUIT,

BOTH OF LINCOLN'S INN, BARRISTERS-AT-LAW,

"INTEREST REI-PUBLICÆ UT SIT FINIS LITIUM."

LONDON:

STEVENS AND SONS, 119, CHANCERY LANE,

Law Publishers and Booksellers.

1884.

Respectfully Dedicated,

BY PERMISSION,

TO

THE RIGHT HON. LORD BLACKBURN,

ONE OF THE LORDS OF APPEAL.

PREFACE.

If any apology is needed for this book, it is furnished by the fact that hitherto no separate work has been published, by an English lawyer, on the law of Estoppel. A great many of the cases on the subject are indeed collected and discussed in the very able and learned note to the Duchess of Kingston's Case, contained in Smith's Leading Cases. But, notwithstanding this, we have felt that by writing a book dealing exclusively with the law of Estoppel, we should be supplying a want which no doubt exists in the legal profession. This want has been already to a certain extent supplied in America, by Bigelow's work on the subject.

In arranging this work, we have followed Lord Coke's three principal divisions of the subject. We have not bound ourselves to any fixed style of composition. Some parts of the subject, notably those which deal with the Estoppel arising from Foreign Judgments and from Representation, i.e., Representation which is either express,