Wimbish v. Mayer

Citations

• 144 La. 865
• 81 So. 373
• 1919 La. LEXIS 1639

Syllabus

<p>• (Syllabus by the Court.)</p> <p>1. Estoppel <&wkey;94(2) — Estoppel in Pais— Axxiehative Representations.</p> <p>Under our well-settled jurisprudence, where one stands by and sees his property sold under legal process, without making his claim known, or objecting thereto, he will be bound b.y the sale; and a fortiori does that rule apply against one who, by his affirmative representations, induces another to buy property to which he afterwards asserts a claim as owner.</p> <p>2. Evidence <&wkey;588 — Extent ox Knowledge — Determination.</p> <p>It is ordinarily impossible for one person to know what may be within the memory and knowledge of another, and, in assuming to determine a question of that kind with reference to a person, not shown to be abnormal, a court must base its conclusion upon the common experience with normal individuals.</p>