Dorlarque v. Cress

Citations

• 71 Ill. 380

Syllabus

<p>1. Estoppel—-fraud necessary to an equitable estoppel. The doctrine of equitable estoppel is based upon a fraudulent purpose and a fraudulent result, and if the element of fraud is wanting, there can be no estoppel.</p> <p>3. There must be deception, and change of conduct in consequence, in order to estop a party from showing the truth.</p> <p>3. Same—infants receiving money after tliey become of age, for land. A party died intestate, but, prior thereto, requested that certain of his children should have specific tracts of land belonging to him, and .that others should have certain specified sums of money, in lieu of their interest therein, and all who were of age carried out the request by coiweying and receiving money respectively, and the money specified was paid to the guardian of the younger children, who, upon coming of age, received it from their guardian, but there was no evidence that, when they so received it, they were informed, or knew, that it was intended to be in lieu of their interest in the land of their father. After they had received the money, deeds were demanded of them for tlieir interest in the land, which they refused to execute, and still retained the money, and made no oiler to return it: Held, that there was no ratification of the arrangement proposed by their father, aud that they were not estopped from claiming their interest in the land.</p>