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· 1/15/1877

Kinnear v. Mackey

Citations

  • 85 Ill. 96

Syllabus

<p>_ 1. Estoppel—to assert lien, by admission. Where a landlord admits, to</p> <p>an officer holding an execution against his tenant, when asked for informar tion before making a levy, that he has no lien or claim on the tenant’s crop, and in consequence thereof, the same is levied on and sold, without the landlord taking any steps to prevent the sale, he will be estopped from asserting his lien as against the purchaser.</p> <p>8. As a general rule, a party will be concluded from denying his own acts and admissions which were expressly designed to influence the conduct of another, and did so influence it, and when such denial will operate to the injury of the latter.</p> <p>3. Where a party induces an officer to levy upon his tenant’s crop by disclaiming any lien upon the same, a purchaser at the sale may take advantage of the estoppel, although he may not have been informed of the admission, as he claims under the officer-, where the landlord takes no steps to counteract the effect of his admission before the sale.</p>

Judges: Sheldon

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