Grigsby v. Caruth

Citations

• 57 Tex. 269
• 1882 Tex. LEXIS 133

Syllabus

<p>1. Estoppel in pais.— One who had received through a decree of the probate court partition of the community interest of his father in a league of land, sold a portion of the tract allotted to him, and afterwards sold the remainder thereof, reciting in his deed that it was the remainder of lot 3, partitioned to him in the division of the league. In that partition the existence of the community interest of the - mother was not recognized, though the entire league was partitioned. In a contest between this heir claiming an interest inherited from the mother, and a third party who had purchased and who was not in privity with him, an estoppel in pais was pleaded against the heir. Held,</p> <p>(1) It not being shown that the recitals in the deed of the heir influenced the purchase, the true state of the title being equally known to both parties, and no fraudulent concealment or representation being shown as an inducement to make the purchase, there was no estoppel in pais.</p>