Blacks Law Dict. 1st ed

ESTATE, ETC.

437 ESTOPPEL BY MATTER IN PAIS

record, neither of the parties shall be allowed to call it in question, and have it tried over again at any time thereafter, so long as the judgment or decree stands unreversed; and when parties, by deed or solemn act in pais, agree on a state of facts, and act on it, neither shall ever afterwards be allowed to gainsay a fact so agreed on, or be heard to dispute it; in other words, his mouth is shut, and he shall not say that is not true which he had before in a solemn manner asserted to be true. Busb. 157. Equitable estoppel (or estoppel by conduct, or in pais) is the species of estoppel which equity puts upon a person who has made a false representation or a concealment of ma terial facts, with knowledge of the facts, to a party ignorant of the truth of the mat ter, with the intention that the other party should act upon it, and with the result that such party is actually induced to act upon it, to his damage. Bigelow, Estop. 484. In pleading. A plea, replication, or oth er pleading, which, without confessing or denying the matter of fact adversely alleged, relies merely on some matter of estoppel as a ground for excluding the opposite party from the allegation of the fact. Stepb. PI. 219; 3 Bl. Comm. 308. A plea which neither admits nor denies the facts alleged by the plaintiff, but denies his right to allege them. Gould, PI. 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 any thing to the contrary. 3 Bl. Comm. 308. ESTOPPEL BY DEED is where a party has executed a deed, that is, a writing under seal (as a bond) reciting a certain fact, and is thereby precluded from afterwards denying, in any action brought upon that instrument, the fact so recited. Steph. PI. 197. A man shall always be estopped by his own deed, or not permitted to aver or prove anything in contradiction to what he has once so solemnly and deliberately avowed. 2 Bl. Comm. 295; Plowd. 434. ESTOPPEL BY MATTER IN PAIS. An estoppel by the conduct or admissions of the party; an estoppel not arising from deed or matter of record. Thus, where one man has accepted rent of another, he will be es topped from afterwards denying, in any action with that person, that he was, at the time of such acceptance, his tenant. Steph. PL 197. The doctrine of estoppels in pais is one which, so far at least as that term is con cerned, has grown up chiefly within the last few years. But it is, and always was, a fa

ESTATE UPON CONDITION EX PRESSED. An estate granted, either in fee-simple or otherwise, with an express qualification annexed, whereby the estate granted shall either commence, be enlarged, or be defeated upon performance or bleach of such qualification or condition. 2 131. Comra. 154. An estate which i3 so expressly defined and limited by the words of its creation that it cannot endure for any longer time than till the contingency happens upon which the es tate is to fail. 1 Steph. Comm. 278. ESTATE UPON CONDITION IM PLIED. An estate having a condition an nexed to it inseparably from its essence and constitution, although no condition be ex pressed in words. 2 Bl. Comm. 152; 4 Kent, Comm. 121. ESTATES OP THE REALM. The lords spiritual, the lords temporal, and the commons of Great Britain. 1 Bl. Comm. 153. Sometimes called the "three estates." ESTENDARD, ESTENDART, or STANDARD. An ensign for horsemen in war. ESTER IN JUDGMENT. To appear before a tribunal either as plaintiff or defend ant. Kelham. ESTIMATE. This word is used to ex press the mind or judgment of the speaker or writer on the particular subject under con sideration. It implies a calculation or com putation, as to estimate the gain or loss of an enterprise. 37 Hun, 203. ESTOP. To stop, bar, or impede; to pre vent; to preclude. Co. Litt. 352a. See ES TOPPEL. ESTOPPEL. A bar or impediment raised by the law, which precludes a man from alleging or from denying a certain fact or state of facts, in consequence of his previ ous allegation or denial or conduct or ad mission, or in consequence of a final adjudi cation of the matter in a court of law. A preclusion, in law, which prevents a man from alleging or denying a fact, in con sequence of his own previous act, allegation, or denial of a contrary tenor. Steph. PI. 239. An admission of so conclusive a nature that the party whom it affects is not permit ted to aver against it or offer evidence to controvert it. 2 Smith, Lead. Cas. 778. Estoppel is that which concludes and "shuts a man's mouth from speaking the truth." When a fact has been agreed on, or decided in a court of

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