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(DOWNLOAD) "Waddell v. School Dist. No. 2." by Supreme Court of Montana # eBook PDF Kindle ePub Free

Waddell v. School Dist. No. 2.

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eBook details

  • Title: Waddell v. School Dist. No. 2.
  • Author : Supreme Court of Montana
  • Release Date : January 06, 1925
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Ejectment ? Adverse Possession ? Licensees ? Estoppel in Pais. Real Property ? Adverse Possession ? Parol Licensees cannot Assert. 1. Occupancy of land under a parol license from the owner precludes claim thereto by adverse possession. Estoppel in Pais ? Essentials. 2. To constitute estoppel in pais, the party to be estopped must have been possessed of knowledge of the true facts or conditions, he must have intended that his statements should be acted upon, or must have so acted that the party asserting the estoppel had a right to believe that he so intended, must have been ignorant of the true state of facts, and relied upon the representations or conduct of the party to be estopped to his prejudice. Real Property ? Occupancy ? Parol License ? Estoppel in Pais ? Defense Inapplicable. 3. Where plaintiffs predecessor in interest had given a school district parol license to erect a frame school building upon his land and to use about an acre thereof for school purposes, nothing being said or done by him to mislead the trustees to the prejudice of the licensee and the board accepted the offer with full knowledge of the condition of the title and the terms of the license, plaintiff was not estopped to assert title to the land upon abandonment of the school.


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