Legal Dictionary

Estoppel In Pais

Estoppel in Pais

Estoppel in Pais in the United States

Estoppel in Pais in Connecticut

Ordinarily one who accepts a deed which recites that the land (more in the U.S.) is subject to, or that he assumes the payment of, a mortgage (more about mortgages in the U.S.) to a certain amount is estopped to dispute that recital. The grantee in such a deed does not execute it, and the estoppel (see in the U.S. legal system) is not one by deed, but in pais. The estoppel (see in the U.S. legal system) does not, however, arise where the amount of the mortgage stated to be assumed does not enter into the purchase price of the property. Capitol Nat’l BK. & Trust v. David B. Roberts, Inc., 129 Conn. 194, 195, 27 A.2d 116 (1942).

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One response to “Estoppel In Pais”

  1. Phil

    I was reading over a potential new business avenue contract letter, before I signed it… now that I know what estoppel means, I do not plan on signing it. Thank you!! Here’s the sentence in question (I would be purchasing their materials and services):
    “Nothing contained in the materials or on the (Company’s) website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of (Company) or the appropriate third party.

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