Blacks Law Dict. 1st ed

ESTOPPEL, ETC.

438

ET ALIUS

miliar principle in the law of contracts. It lies at the foundation of morals, and is a car dinal point in the exposition of promises, that one shall be bound by the state of facts which he has induced another to act upon. Bed field, 0. J., 26 Vt. 366, 373. ESTOPPEL BY MATTER OP REC ORD. An estoppel founded upon matter of record; as a confession or admission made in pleading in a court of lecord, which pre cludes the party from afterwards contesting the same fact in the same suit. Steph. PL 197. ESTOPPEL, COLLATERAL. The col lateral determination of a question by a court having general jurisdiction of the subject. Estoveria sunt ardendi, arandi, con struendi et claudendi. 13 Coke, 68. Es tovers are of fire-bote, plow-bote, house bote, and hedge-bote. ESTOVERIIS HABENDIS. A writ for a wife judicially separated to recover her alimony or estovers. Obsolete. ESTOVERS. An allowance made to a person out of an estate or other thing for his or her support, as for food and raiment. An allowance (more commonly called "ali mony") granted to a woman divorced a mensa et thoro, for her support out of her husband's estate. 1 Bl. Comm. 441. The right or privilege which a tenant has to furnish himself with so much wood from the demised premises as may be sufficient or necessary for his fuel, fences, and other agri cultural operations. 2B1. Comm. 35; Woodf. Landl. & Ten. 232; 10 Wend. 639. ESTRAY. Cattle whose owner is un known. 2 Kent, Comm. 359; Spelman; 29 Iowa, 437. Any beast, not wild, found with in any lordship, and not owned by any man. Cowell; 1 Bl. Comm. 297. Estray must be understood as denoting a wan dering beast whose owner is unknown to the per son who takes it up. 27 Wis. 422; 29 Iowa, 437. An estray is an animal that has escaped from its owner, and wanders or strays about; usually de fined, at common law, as a wandering animal whose owner is unknown. An animal cannot be an estray when on the range where it was raised, and per mitted by its owner to run, and especially when the owner is known to the party who takes it up. The fact of its being breachy or vicious does not make it an estray. 4 Or. 206. ESTREAT, t>. To take out a forfeited re cognizance from the records of a court, and return it to the court of exchequer, to be pros ecuted. See ESTREAT, n.

ESTREAT, n. (From Lat. extractum.) In English law. A copy or extract from tne book of estreats, that is, the rolls of any court, in which the amercements or fines, recognizances, etc., imposed or taken by that court upon or from the accused, are set down, and which are to be levied by the bailiff or other officer of the court. Cowell; Brown. A forfeited recognizance taken out from among the other records for the purpose of being sent up to the exchequer, that the par ties might be sued thereon, was said to be estreated. 4 Bl. Comm. 253. ESTRECIATUS. Straightened, as ap plied to roads. Cowell. ESTREPE. To strip; to despoil; to lay waste; to commit waste upon an estate, as by cutting down trees, removing buildings, etc. To injure the value of a reversionary interest by stripping or spoiling the estate. ESTREPEMENT. A species of aggra vated waste, by stripping or devastating the land, to the injury of the reversioner, and especially pending a suit for possession. ESTREPEMENT, WRIT OF. This was a common-law writ of waste, which lay in paiticular for the reversioner against the tenant for life, in respect of damage or in jury to the land committed by the latter. As it was only auxiliary to a real action for re covery of the land, and as equity afforded the same relief by injunction, the writ fell into disuse. ET. And. The introductory word of sev eral Latin and law French phrases former ly in common use. ET ADJOURNATUR. And it is ad journed. A phrase used in the old reports, where the argument of a cause was adjourned to another day, or where a second argument was had. 1 Keb. 692, 754, 773. ET AL. An abbreviation for et alii, "and others." ET ALII E CONTRA. And others on the other side. A phrase constantly used in the Year Books, in describing a joinder in issue. P. 1 Edw. II. Print; et alii e con tra, et sic ad patriam: ready; and others, e contra, and so to the country. T. 3 Edw. III. 4. ET ALIUS. And another. The abbre viation et al. (sometimes in the plural writ ten et als.) is affixed to the name of the per son first mentioned, where there are several plaintiffs, grantors, persons addressed, etc

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