Bower v. McCormick

Citations

• 23 Va. 310

Syllabus

<p>1. All estoppels, whether estoppels at common law, or equitable estoppels, are founded upon the great principles of morality and public policy. Their purpose is to prevent that which deals in duplicity and inconsistency, and to establish some evidence as so conclusive a test of truth that it shall not be gainsaid. But estoppels, whether legal or equitable, are not to be extended by construction.</p> <p>2. A mistake, in the recitals of a deed, referring- to a previous deed of marriage settlement between the grantors, may, in equity, be shown by the grantees, by introducing in evidence the deed referred to in the recitals.</p> <p>3. What is sufficient proof that the deed offered in evidence is the deed referred to in the recitals; see opinion of the court.</p> <p>4. Where it can be collected from the deed, that the parties to it have agreed upon a certain admitted state of facts, as the basis on which they contract, the statemont of these facts, though but in the way of recital, shall estop the parties to aver the contrary.</p> <p>5. When a recital in a deed is intended to be a statement which all the parties to a deed have mutually admitted to be true, it is’ an estoppel upon all. But where it is intended to be the statement of one party only, the estoppel is confined to that party; and the intention is to be gathered from the deed.</p> <p>6. When the recitals in the deed refer to what the grantors have done, or intend to do, among themselves, and in which the grantees have no part oí- interest, and the wording of the recitals indicate that the scrivener did not have the recited deed before him; and there is no evidence that the grantees knew any thing of the recited deed except as recited; these recitals will be intended to be the statement of the grantors only.</p> <p>7. A mere recital in a deed does not conclude all tlae parties; there must be a direct affirmation, so intended by all the parties, in order to bind all. And this intention may be gathered from the