Livengood v. Stauffer

Citations

• 31 Pa. Super. 495
• 1906 Pa. Super. LEXIS 244

Syllabus

<p>Estoppel — Silence—Adverse title — Mines and mining — Drainage.</p> <p>One who knowingly suffers another to purchase land, under an erroneous opinion of title, without making known his adverse claim, and accepts for himself a part of the purchase money, shall not afterwards be permitted to assert his right against such purchaser. Silence will postpone a title when one knowing his own right should speak out, and one led by such silence ignorantly and innocently to rest on his title, and invest money on the faith of it, without timely warning, will be protected by estoppel.</p> <p>Where a member of a limited partnership association is active in installing a system of drainage for its coal mines through neighboring coal which it does not own, and subsequently upon the sale of the coal mine participates in the proceeds of the sale, and it appears that he had shortly before this purchased the surface over the coal under which the drain was constructed, he will be estopped from denying to the company who purchased the'coal mine the right to drain under the surface to which he had acquired title.</p>