Granville County NcArchives Court.....M. J. Jackson, L. D. Estis & Wife V. 1892
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Source: N C Reports
Written: 1892

L. D. Estis & Wife v. M. J. Jackson

Estoppel - Fraud

1. In order to work an estoppel in puis, it is essential that there should be 
some conduct of the party against whom the estoppel is alleged, amounting to a 
representation or concealment of material facts; where the circumstances are 
equally well known to both parties, although they were mistaken in regard to 
their rights at law, the doctrine will not apply.

2. L. being seized in fee of lands, believed she had only an estate for life 
with remainder to her children, and in order to signify her assent to their 
conveyance of their supposed estates, signed the deeds which they executed for 
that purpose, her name not being in the body of the instrument. The deed under 
which L. took title to the fee was produced at the time of the execution of 
the conveyances from the children, and was read in the presence of vendee: 
Held, In the absence of any misrepresentation or concealment, there was 
nothing in the nature of fraud, actual or constructive, and L.'s act in 
signing the deed did not work an estoppel.

This was an Action for damages for waste alleged to have been committed by 
defendant, tried at November Term, 1892, of Granville Superior Court, Winston, 
J., presiding. The plaintiff took a nonsuit and appealed.

L. D. Estis testified: "Duncan Loyd, a son of Sally Loyd, came to see me in 
regard to buying the land described in the complaint. Mrs. Sally Loyd said she 
was willing for her son Duncan Loyd to sell his interest in her estate, and 
would 'assign' with him to sell his interest in the land. I purchased the 
interest of Duncan Loyd first, and paid him seventy dollars. I think it was in 
the Spring of 1884. It was agreeable to Mrs. Sally Loyd, the widow; she said 
she was plumb willing for her children to sell their interest in the land, but 
it was to remain hers as long as she lived, and at her death to be mine. Mrs. 
Sally Loyd was also present when the next deed was made, two or three months 
afterwards. Mrs. Sally Loyd asked me if Arann Jones might have a slab tree to 
cover her kitchen; I said, 'Yes.' Mrs. Bullock said to Mrs. Sally Loyd, 'You 
can't sell or convey any timber without Estis's consent."

The deeds were then introduced and read, that from D. M. Loyd being as follows:

"That the said D. M. Loyd and wife Molly Loyd, for and in consideration of the 
sum of seventy dollars to them paid by the said S. J. Estis, the receipt of 
which is hereby acknowledged, have bargained and sold, and by these presents 
do bargain, sell and convey to said S. J. Estis and her heirs, my interest in 
the land of Sally Loyd lying on the waters of New Light Creek, adjoining lands 
of Hilman Dillard, C. M. Rogers and others, to have and to hold the aforesaid 
tract of land and all privilege and appurtenance thereunto belonging to the 
said S. J. Estis and her heirs and assigns, to her and their only behoof; and 
the said D. M. Loyd and wife Molly Loyd warrant that they are seized of said 
premises in fee and the right to convey the same in fee simple, that the same 
is free from all encumbrances, and that they will warrant and defend the title 
to the same against the claims of all persons whatsoever. In testimony 
whereof, the said D. M. Loyd and wife Molly Loyd have hereunto set their hands 
and seals the day and year above written."
Duncan (his x mark) Loyd (Seal)
Molly (her x mark) Loyd (Seal)
Sally (her x mark) Loyd (Seal)
Test: William E. Bullock

The deeds from the other children being in the same form and signed by Sally 
Loyd.

Duncan Loyd testified: "I am a son of Mrs. Sally Loyd; I concluded to sell the 
land and went to see Mr. Estis; my mother said she was willing to sell my 
right away, and, if we had rather have it then than at her death, all right. 
The deed was fixed up; my mother signed it and said she was willing to it. She 
said she expected to live on it her lifetime, and if she didn't she would sell 
her interest. Mr. Estis said he would buy hers if she ever came to the 
conclusion to sell it. I occupied the land as a tenant of Mrs. Loyd, and she 
lived with me; Estis never entered into possession of the land under any of 
the deeds and never occupied the land; again, when Mrs. Jones, my sister, came 
to sell her interest in the lands, mother asked leave to give my sister a slab 
tree to cover the kitchen; Esquire Bullock did not speak, and Estis 
said, 'Giver her two'; Esquire Bullock told my mother she had no right to use 
any timber except with Estis's consent. Several saw the money paid me and also 
to sister, Mrs. Jones. I was an heir of my mother and claimed simply as an 
heir of hers. Mother owned the land; had bought it of N. E. Cannady, and the 
deed was read aloud at that time in the presence and hearing of Estis and 
ourselves. Mrs. Estis was not present at that time."

William E. Bullock testified: "I was present at the time of making all the 
deeds; Mrs. Sally Loyd was present and saw the money paid to each party, and 
consented to it. The old woman (Mrs. Sally Loyd) said she was willing for 
Estis to have it after her death; she claimed only a life estate; she was 
willing, and if they were not willing to wait till she died she would save her 
lifetime right; she said she wouldn't put her name in face of the deed for 
that would cut her out; said some of her children were fixing for her to break 
up and go live with them, and sometime she would sell to Estis; Estis is her 
cousin. I told them they had better not use any timber except on the premises. 
The purpose of the deeds was simply to convey the interests of the children in 
the land and not to interfere with her interest at all. The Cannady deed was 
present and was read to the parties."

His Honor having intimated an opinion that the plaintiffs were not entitled to 
recover, the plaintiffs submitted to a nonsuit.

Under the instructions there was a verdict and judgment for the defendants, 
and the plaintiffs appealed.

The following motion for a new trial was made: "The plaintiffs move the Court 
for a new trial upon the ground that the Court misunderstood the testimony of 
witnesses Duncan M. Loyd and William E. Bullock as to the reading of the deed 
from N. E. Cannady and wife to Mrs. Sally Loyd, in the presence and hearing of 
L. D. Estis and wife Sarah J. Estis."

The said motion was based upon the foregoing affidavits, but was refused. 
Plaintiffs excepted and appealed.

Messrs. J. W. Graham, A. W. Graham, and J. T. Strayhorn for plaintiffs
J. H. Fleming for defendants

NC Supreme Court Justice Shepherd, J. - Affirmed
(see court case for judge's full findings)

Additional Comments:
In the NC Supreme Court September Term 1892

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