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act of Assembly action administration admissible aforesaid agreement Allegany county alleged Anne Arundel county answer appellant appellee argued before Dorsey assigned assumpsit authorised Baltimore county bank bill of exceptions bond cause was argued chancellor chancery city court claim common law complainant contract conveyed counsel county court court of chancery court of equity creditors debt debtor declaration decree deed defendant delivered the opinion entitled equity estoppel evidence Exc'r executed executor filed Frick Garnishee George heirs insolvent issue John Jones judgment jury land Lessee located M. J. Moses Magruder manumission Maryland ment Mitchell's mortgage negro objection offered orphans court owners paid party Pattison payment plaintiff plea pleaded possession prayer procedendo proceedings promise proof proved question receipt record recover rejected Saint Mary's county signature Smith Spence Stanley Enlarged statute sustained testator testimony thereof tion Tolson trial trustees verdict wife Wilson witness
Страница 253 - There is no doubt but that the express admissions of a party to the suit, or admissions implied from his conduct, are evidence, and strong evidence, against him ; but we think that he is at liberty to prove that such admissions were mistaken or were untrue, and is not estopped or concluded by them, unless another person has been induced by them to alter his condition ; in such a case the party is estopped from disputing their truth with respect to that person (and those claiming under him), and that...
Страница 252 - ... we then have a clear case of an admission by the defendant, intended to influence the conduct of the man with whom he was dealing, and actually leading him into a line of conduct which must be prejudicial to his interests, unless the defendant be cut off from the power of retraction.
Страница 255 - ... it shall be lawful for the lessor at any time thereafter, into and upon the said demised premises, or any part thereof, in the name of the whole, to re-enter, and the same to have again, re-possess and enjoy, as of his or their former estate ; anything hereinafter contained to the contrary notwithstanding.
Страница 249 - first, every estoppel ought to be reciprocal, that is, to bind both parties; and this is the reason that regularly a stranger shall neither take advantage nor be bound by the estoppel...
Страница 431 - ... (Lewin on Trusts 152.) And in Story's Equity it is said, that where a trustee has acted in good faith, in the exercise of a fair discretion, and in the same manner as he would ordinarily do in regard to his own property, he ought not to be held responsible for any losses accruing in the management of the trust property.
Страница 439 - ... or was prevented from doing it by fraud or accident, or the act of the opposite party unmixed with negligence or fault on his part.
Страница 144 - ... it is necessary in the course of a cause to inquire into the nature of a particular act, or the intention of the person who did the act, proof of what the person said at the time of doing it is admissible in evidence, for the purpose of showing its true character.
Страница 253 - The offer of surrender, made in this case, was to a stranger to this suit; and though the bankrupt may have been bound by his representation that he was a bankrupt, and his acting as such, as between him and that...
Страница 253 - Geo. 4, c. 16, § 75, to give it up, — to say afterwards that he was not a bankrupt, and bring an action of trover for the lease, or an ejectment for the estate. To that extent he would have been bound, probably no further, and certainly not as to any other persons than those landlords.