Turnipseed v. Hudson

Citations

• 50 Miss. 429

Syllabus

<p>1. Office — Contest for Office of Chancery Clerk — Estoppel in pais. — To establish estoppel in pais there must be:</p> <p>1. An admission inconsistent with the evidence offered to be given, or the claim offered to be set up.</p> <p>2. Action by the other party upon such admission.</p> <p>3. Injury to him by allowing the claim to be disproved. 14 Mo., 482.</p> <p>2. Same — Abandonment — Surrender. — T. was elected clerk of the chancery court of Winston county in 1871, for the term of four years. The act of April 21, 1873, provided for an election to fill said office in November, 1873 (afterwards decided to be unconstitutional); previous to which election H. and others became candidates for the office at said election. T. was also a candidate for reelection. They entered into an agreement in writing, to abide the result of a primary election, to which their respective claims were to be submitted, and the successful party, to be supported by the defeated aspirants. At the primary election, H. was selected, and in November, 1873, he was elected to the office. In January, 1874, he qualified and took possession of the office, T. surrendering the same. Subsequently the election was decided to be void, and T. brought suit to recover the possession of the office. Held, that the surrender of the the office by T. did not amount to such an abandonment of the office as to amount to an estoppel in pais.</p> <p>3. Same —Same. — In order to an estoppel by conduct, the following elements must be present:</p> <p>1. There must have been a representation or a concealment of material facts.</p> <p>2. The representation must have been made with knowledge of the fact.</p> <p>3. The party to whom it was made must have been ignorant of the truth of the matter.</p> <p>4. It must have been made with the intention that the other party should act upon it.</p> <p>5. The other party must have been induced to act upon it. If there is an estoppel, it cannot be by judgment or record, of adjudica