Green & Middlesworth v. Prettyman

Citations

• 17 Cal. 401

Syllabus

<p>In this case—which was ejectment for fifteen acres of land—the Court instructed the jury that, “ if they believed from the evidence that plaintiffs stood quietly by and saw and knew of defendant’s purchase of the premises, his possession and improvements of the same, and that the defendant purchased the same in good faith and not in fraud of plaintiffs’ rights, and that plaintiffs did not notify him of their claim, then they, the plaintiffs, are estopped from denying his rights Held, that the instruction, taken in connection with the facts, did not correctly state the doctrine of estoppel.</p> <p>Biddle Boggs v. Merced Mining Co., (14 Cal. 366) as to estoppel, affirmed.</p>