Smith v. Penny

Citations

• 44 Cal. 161
• 1872 Cal. LEXIS 171

Syllabus

<p>Intervention without Objection.—If answers of intervention are filed in the Court below, by persons not parties to the record, and the plaintiff makes no objection, but goes to trial, he cannot afterwards raise the objection in the Supreme Court that it was irregular and erroneous to permit them to intervene.</p> <p>Finding of Facts.—If the finding of facts are silent on certain issues, the presumption is that the finding on those issues was such as to support the judgment.</p> <p>Estoppíel.—The fact alone, that one as the attorney in fact for another, executes to a third person a deed of land, does not constitute an equitable estoppel, so as to prevent the person who thus acted as attorney in fact from afterwards setting up a title to the property acquired by him from the person for whom he acted as attorney in fact, before he executed the deed.</p>