Clarke v. Huber

Citations

• 25 Cal. 593
• 1864 Cal. LEXIS 74

Syllabus

<p>Statute of Limitations.—The period of limitation in this State, to bar a right of entry upon real estate, commenees to run from the 22d of April, 1855.</p> <p>Estoppel at Common Law.—At common law a purely equitable estoppel, or purely equitable title, could not be entertained, even if it were represented upon the record.</p> <p>Estoppels in Pais must be Pleaded.—Under our system of practice equitable estoppels and defenses can be entertained in actions at law, but they must be specially stated in the answer.</p> <p>Evidence of Estoppel.—If an equitable estoppel, relied on in an action of ejectment, is not specially set up in the answer, evidence to sustain it should be rejected.</p> <p>Argument in Supreme Court.—The respondent on an appeal to the Supreme Court is at liberty to suggest any ground that he may choose, to show that the ruling of the Court below was right, whether the grounds suggested were advanced in the discussion before the Court below or not, while the appellant is confined to the objections urged in the Court below.</p>