Suits in Chancery Part 1 Chapter 4

Key Principles of Estoppel and Acquiescence in Litigation

• Litigation is necessary to prevent indefinite prolongation of disputes caused by successive alienations of property.
• Lis pendens provides notice to the world about ongoing court proceedings.
• Lis pendens operates as notice from the service of a subpoena or other process after the filing of the bill.
• The suit must be prosecuted in good faith and with reasonable diligence for lis pendens to have an effect.
• Lis pendens provides notice of everything in the pleadings relevant to the issue or relief sought.
• The specific property involved in the suit must be clearly identified in the pleadings to warn others not to interfere.
• Equitable estoppel prevents a person from repudiating their own conduct that induced another to act.
• Estoppel is based on three maxims: one, the one who caused the loss must bear it; two, no one can benefit from their own wrongdoing; three, a person cannot allege something contrary to their previous statements.
• Estoppel applies when someone intentionally misleads another about their interest in an estate.
• Married women can be bound by estoppel if their conduct is fraudulent and injurious to the other party.
• Infants can also be bound by estoppel if disavowing their conduct would be fraudulent.
• Acquiescence occurs when a party with full knowledge of their rights ratifies or confirms a voidable transaction or freely and deliberately accepts benefits from it.