Bowman v. Cudworth

Citations

• 31 Cal. 148

Syllabus

<p>Exceptions to Instructions to Jury.—Where there is in the transcript a stipulation by the parties that “the plaintiff duly excepted” to the “charges and each part thereof,” it will be construed as a stipulation that the exceptions were sufficiently specified to render them available.</p> <p>Surrender and Destruction of Deed.—If the title to land passes by the execution and delivery of a deed, it cannot be afterwards divested by the surrender and destruction of the deed.</p> <p>Estoppel by Judgment.—H., who had no title, commenced an action against C., then in possession, to recover a tract of land. The title was in Gr., who, during the pendency of the action, conveyed to B. Soon after, and before the trial, B. delivered up his deed to Gr., and the same was destroyed, and at the same time Gr. executed and delivered to the plaintiff H. a deed of the same land. H. then stipulated that 0. have judgment, which was rendered accordingly. After judgment, GVs deed to H. was surrendered up and destroyed, and Gr. again conveyed to B. C. knew nothing*of these transactions. B. then sued C. to recover possession of the land. Held, that B. was not estopped by the judgment of 0. against H. from setting up title as against C., and that the judgment is not evidence tending to show an estoppel. Held, further, that these facts did not constitute an estoppel in pais.</p> <p>Estoppel in pais.—To constitute an estoppel in pais there must be some act or admission or neglect to act on the part of the party estopped upon which the other party has acted or relied, and in consequence thereof and through the fault of the party estopped, has placed himself in some respect in a worse position than he otherwise would have been.</p>