This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...Pederson v. Chiefstofferson, 97 Minn. 491, 106 N. W. 958; Schmidt v. Olympia Light Co., 46 Wash. 360, 90 P. 212; Coran v. Wheten, 9 N. B. 293; Page v. Smith, 13 Oreg. 410, 413. The rule was applied to estoppel in pais in the last case. See ante, p. 362, note 6. equally high rank, inconsistent with the same, and made ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...Pederson v. Chiefstofferson, 97 Minn. 491, 106 N. W. 958; Schmidt v. Olympia Light Co., 46 Wash. 360, 90 P. 212; Coran v. Wheten, 9 N. B. 293; Page v. Smith, 13 Oreg. 410, 413. The rule was applied to estoppel in pais in the last case. See ante, p. 362, note 6. equally high rank, inconsistent with the same, and made between the same parties.1 'In this case, ' said the court in Brown v. Staples, 'Winthrop Allen could maintain no action upon the covenants of the deed made to him by the demandant for a breach occasioned by his being deprived of the land by virtue of the mortgage made by Elliot Staples to John Welles, for he had by an obligation of as high a nature obliged himself to discharge that mortgage, and had thereby annulled the operation for such purpose of those covenants. It has been decided that a covenant of warranty would not include an encumbrance which the grantee had engaged to discharge.'2 So too the assertion of an estoppel by deed may be prevented by the existence of an estoppel in pais against the use of the deed.3 But the fact that there exists between the parties another deed the terms of which are inconsistent with those of the one in suit, if that other deed be collateral to it and not in discharge or modification of it, will not suffice to remove the estoppel and open the matter to evidence.4 Thus, in Lainson v. Tremere, just cited, an action was brought on a bond conditioned for the payment of 170 yearly for the rent of certain premises; and the defendant attempted to show that the rent actually agreed upon was 140, and for this purpose offered in evidence the lease itself of the premises, which so recited the annual rental. But the court held the averment of the bond conclusive. Had the proceeding, however, been brought up...
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