Steed v. Petty

Citations

• 65 Tex. 490
• 1886 Tex. LEXIS 695

Syllabus

<p>1. Estoppel in pais—What necessary to constitute—Amongst other requisites two must concur, to constitute an estoppel: First, there must have been a false representation or a concealment of material facts; second, the party to whom the representation was made or from whom the material facts were concealed, must have been ignorant of the existence of the facts concealed or of the falsity of the representation. (Citing Bigelow on Estop., 484 ; 2 Pomeroy Eq. Jur.)</p> <p>2. Same—Married women—Infants ■—if either married women nor infants are estopped in pais unless their conduct has been intentional and fraudulent. (Citing Bigelow on Estop., 510; Crayton v. Munger, 9 Tex. 285; Fitzgerald v. Turner, 43 Tex. 79.)</p> <p>3. Trespass to try title—Law prior to revised statutes, when to govern— Article 4812, revised statutes—By virtue of article 4812, Revised Statutes, and section 5 of the final title, parties to an action of trespass to try title commenced before those statutes took effect, are to have their rights determined according to the law as it existed at the time the suit was instituted.</p> <p>4. Same—Except as to the course of practice or procedure, the provisions of the old law are to govern in such a suit The parties may, in its prosecution or defense, plead and prove the same matters that they could have urged, had the cause been tried under the former law.</p> <p>6. Practice—Right to open and conclude—Where, in the trial of a cause, there is one affirmative fact important to a recovery by the plaintiff, and which is not admitted by the defendant, the plaintiff has the right to open and conclude.</p>