The Law of Estoppel

The Law of Estoppel

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ...129; Williams' Real Prop. 829. SEO. 300. If the lessor at the time of leasing has no vested interest in the land, but subsequently acquires such interest, it passes to the lessee or his assigns from the latter period by estoppel. This is peculiarly applicable where the lessor has a future or contingent interest as an heir apparent, or claims under a contingent remainder or executory devise; but not where any actual interest however small, passes by the lease. Adverse possession can not 'originate while the party actually a lease from one having possession and control of the premises, but no title to them, which contains a clause that, in case the lessors should cease to control or own the property, (no rent should be paid, unless their successors should in writing;nccupies under a lease from the owner.' So a tenant under confirm the lease, ) by holding over and paying rent to the successive assignees of the owner, is estopped from denying that they are assignees of the original lessor, and continues bound to pay rent to them in that character or as having by the instruments of confirmation become new lessors.z So A. being a mortgagor in possession in 1848, demised to B. the defendant for seven years, and B. covenanted to repair in 1854. A. sold the equity of 'redemption to C., C. sued B. on the convenant. B. pleaded that A. did not assign to C. nor had he any reversion at the time of making the lease; nor did any reversion come to C. B. was estopped from denying that A. had such a legal estate as would warrant the lease and as no other legal estate would warrant the lease, and as no other legal estate or interest was shown to have been in A. it must be taken against B. by estoppel that A. had an 1 Corning v. Troy, 84 Barb....show more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236817885
  • 9781236817884