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Cases cited for the legal proposition you have searched for.

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1

...opinion of the Court. In this case, we examine whether the estoppel by deed doctrine applies to prevent the petitioners from asserting title to an interest they inherited from their...mother, when their father previously purported to sell that interest to the respondents. We hold that neither the estoppel by deed doctrine nor our opinion in Duhig v. Peavy-Moore Lumber Co...Court, arguing that the court of appeals misapplied Duhig , and as a result, erred by applying the doctrine of estoppel by deed. We granted the petition. 62 Tex. Sup. Ct. J. 320 (Jan. 18, 2019...


Court: SUPREME COURT OF TEXAS
Date: Jun 21, 2019 Cited By: 86 Coram: 1
2

...royalty interest was binding and effective under the estoppel-by-deed doctrine, even if the assignor held no title in the leases in question when the assignor executed the assignment. After...stranger to deed rule does not apply either. We conclude that the trial court erred in failing to apply the estoppel-by-deed doctrine to determine that the assignor is entitled as a matter of law to a...the following counterclaims or crossclaims: (1) a claim for a declaration that Armour is the rightful owner of the Remaining Royalty based on the estoppel-by-deed doctrine; (2) a claim for breach of...


Court: Court of Appeals of Texas, Houston (14th Dist.).
Date: May 16, 2023 Cited By: 1 Coram: 1
3

...unambiguous language of assignment, as between the assignor and the assignee and their successors, the reservation of the overriding royalty interest was binding and effective under the estoppel-by-deed doctrine, even...court erred in failing to apply the estoppel-by-deed doctrine to determine that the assignor is entitled as a matter of law to a declaration that as between the assignor and the assignee and their...of the Remaining Royalty based on the estoppel-by-deed doctrine; (2) a claim for breach of contract against Sandel Energy based on its alleged...


Court: Court of Appeals of Texas, Fourteenth District
Date: Sep 29, 2022 Cited By: 0 Coram: 1
4

...the fee simple would normally be automatic. However, the Gutierrezes pleaded the affirmative defense of estoppel by deed. Estoppel by deed and the doctrine of after-acquired...Dictionary in defining estoppel by deed states that it prevents a grantor who does not have title at the time of the conveyance, but later acquires title, from denying that he or she had the title at the time of the transfer. Black's Law Dictionary 571 (7th ed. 1999). The Texas Supreme Court has stated the doctrine of...-acquired title doctrine and estoppel by deed apply not only to general warranty deeds, but also to special warranty deeds, such as in the present case...


Court: Court of Appeals of Texas, Sixth District, Texarkana.
Date: Sep 29, 2000 Cited By: 16
5

...argument because, unlike estoppel-by-deed and estoppel-by-record, the doctrine is not foreclosed by Teal's status as a stranger to the 1999 replat..., 157 S.W.2d 628, 631 (Tex. 1941). We decline Teal's invitation to reshape the contours of estoppel-by-deed. Even if we held that Teal, as a stranger to the 1999 replat, could invoke the estoppel-by-deed doctrine against...estoppel-by-deed defense. Trial, ___ S.W.3d at ___. C The same is true for Teal's quasi-estoppel argument. "Quasi-estoppel precludes a party from asserting, to another's disadvantage, a right inconsistent with a position previously taken." The doctrine applies...


Court: SUPREME COURT OF TEXAS
Date: Jan 31, 2020 Cited By: 79 Coram: 1
6

...overriding royalty interest was void. On appeal, the assignor asserts that the trial court erred based on the doctrine of estoppel by deed and because no summary-judgment ground challenged its.... Armour answered and asserted the following counterclaims or crossclaims: (1) a claim for declaratory relief based on the doctrine of estoppel by deed or estoppel..., 872 (Tex. 2000). Relying on the estoppel-by-deed doctrine, Armour sought in the Cross Motion a declaration as a matter of law that (1) Armour owns an overriding royalty interest in...


Court: Court of Appeals of Texas, Fourteenth District
Date: Sep 29, 2022 Cited By: 0 Coram: 1
7

...interest in the property, and that all payments due would be paid with Mrs. Curtis' separate funds under her separate administration and control. Under the estoppel by deed doctrine, this declaration...declarations by the spouse in the deed that the wife was buying the property with her separate funds for her separate estate were held insufficient to rebut the presumption of community and the wife was.... 657 (1923) — relied on by the appeal court — that the husband's recitations in the deed at the time of acquisition did not prevent him from later controverting the paraphernal nature of the...


Court: Supreme Court of Louisiana.
Date: Sep 28, 1981 Cited By: 54 Coram: 2
8

...appeal, we consider whether the Superior Court properly applied the doctrine of estoppel by deed to conclude that an oil and gas lease between Appellee, Anadarko E. & P. Co., L.P. (“Anadarko”), and..., asserting that Appellants were estopped, both by their contractual promises and by the doctrine of estoppel by deed, from denying that the Lease grants Anadarko 100% of the oil and gas rights to the...proportion of such oil and gas rights owned by LESSOR.” Lease at 2 § C.3 (R.R. at 11A). Moreover, the trial court determined that, under the doctrine of estoppel by deed, Appellants' subsequent...


Court: Supreme Court of Pennsylvania.
Date: Mar 29, 2016 Cited By: 22 Coram: 1
9

.... The State is asserting an estoppel by deed doctrine which does not support its factual contentions. The term is defined in 28 Am.Jur.2d, Estoppel and Waiver § 4 as ". . . a bar...instruments or "deeds"), to which the estoppel by deed doctrine is also applicable. See 28 Am.Jur.2d, Estoppel and Waiver § 4; 31 C.J.S. Estoppel § 20. Two other ancient Delaware cases state..., Del.Super., 6 Del. 178 (1855). For a discussion of the general rule of law holding that an estoppel by deed only affects parties to the instrument, see: 31 C.J.S. Estoppel §§ 46, 47, citing numerous cases. The State is not a party to any of the deeds in defendants' chain of title and is therefore without standing to assert the doctrine of...


Court: Court of Chancery of Delaware, Sussex.
Date: Mar 1, 1979 Cited By: 13 Coram: 1
10

...boundary line between the properties in question. In our resolution of this issue, we do not discount the viability of the estoppel by deed doctrine, but simply find that it is...estopped by deed from contending the boundary line is as they insist. The Prices predicate this contention upon an instrument styled: "PERMANENT EASEMENT AND RIGHT OF WAY AGREEMENT" between the...inapplicable to the facts of this case. The other point we believe deserves attention is the doctrine of merger which is also asserted by the Prices. The authors of American...


Court: Court of Appeals of Tennessee. Eastern Section.
Date: May 21, 1997 Cited By: 0
11

...Property — Deeds — Estoppel by Deed — Doctrine Does Not Apply Since Nothing Asserted In Derogation of Deed. The issues in this case are whether a ten acre tract (the Broomfield parcel...ten acre parcel. Thus, Mrs. Faison asserts nothing in derogation of that deed, and the doctrine of estoppel by deed does not apply.... Nevertheless, the appellees argue that, under the doctrine of estoppel by deed, Virginia E. Faison was in privity with her husband and, as such, is estopped to deny that the 10-acre...


Court: Supreme Court of Virginia.
Date: Sep 9, 1982 Cited By: 8 Coram: 1
12

...before purchasing Tract A. C. Estoppel by deed Willmus asserts that the trial court misinterpreted the law by determining that the doctrine of..., 224 N.W.2d 489, 501 (1974)). We, likewise, conclude that the benefits and purpose of the Torrens Act would be damaged if we were to apply the estoppel by deed doctrine to registered land...indefeasible title free from any and all rights or claims not registered with the registrar of titles * * *"). We conclude that the doctrine of estoppel by deed is inconsistent with the purpose of...


Court: Minnesota Court of Appeals.
Date: Oct 21, 1997 Cited By: 8
13

...husband's ownership interest in the property at issue to the wife and that, as a result, under the estoppel by deed doctrine, she should have been estopped from claiming that she owned more than a...doctrine of estoppel by deed was inapplicable under the facts presented, and the circuit court did not err in denying the LLC's motion in limine. 21. The LLC's argument that the circuit...). D. Estoppel by Deed The LLC argues that the circuit court erred in overruling the LLC's motion in limine, which sought to enforce the doctrine of...


Court: Supreme Court of Virginia.
Date: Nov 3, 2006 Cited By: 19 Coram: 1
14

...appealing the summary judgment, Trustees break their argument into seven distinct issues, asserting: (1) under the estoppel by deed doctrine, illegal votes were cast in favor of incorporation of Friends; (2...quoted language from the deeds, twenty-four plot owners, whose votes are challenged on estoppel grounds, were contractually bound to be governed by the Cemetery Association. Trustees' estoppel contention...government of lot holders and visitors to said cemetery and for conducting the affairs of the Association. Trustees contend that under the doctrine of estoppel...


Court: Court of Appeals of Texas, Fifth District, Dallas.
Date: Aug 28, 2003 Cited By: 15
15

...— After-acquired title inuring to benefit of grantee, under equitable doctrine of estoppel by deed. Where a mineral deed, containing a general warranty of title, conveying an undivided interest in... title from the purchaser at the foreclosure sale, such after-acquired title will inure to the grantee in the mineral deed, or to his benefit, under the equitable doctrine of estoppel by deed...to the benefit of the grantee in the mineral deed under the equitable doctrine of estoppel by deed. Counsel for the parties here filed briefs amici curiae in the Hanlon case and...


Court: Supreme Court of Oklahoma.
Date: Apr 1, 1952 Cited By: 6 Coram: 1
16

.... See generally White v. Ford, 124 N.H. 452, 454-55 (1984) (per curiam) (applying estoppel-by-deed doctrine); Fadili v. Deutsche...attempted to accomplish was a conveyance. Real estate, however, must be conveyed by a written deed. See N.H. Rev. Stat. Ann. §§ 477:1, 15. In contrast, an oral conveyance, which is what occurred.... Baldi conveyed his interest in the 24-Acre Parcel to his wife in 2004. It is therefore at least arguable that any interest Baldi acquired by virtue of the Dows' 2015 Quitclaim Deed passed to his wife...


Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE
Date: May 19, 2017 Cited By: 0 Coram: 1
17

...interest underlying the entire 118.4 acres described in the bequest. Alternatively, the Dworaczyk beneficiaries argued that the doctrine of estoppel by deed barred Liska from taking a position...), aff'd, 593 S.W.3d 324 (Tex. 2020). "In the broadest sense, estoppel by deed stands for the proposition that all parties to a deed are bound by the recitals in it, which operate as an estoppel." Trial v. Dragon, 593 S.W.3d 313, 318 (Tex. 2019) (discussing the development of the estoppel by deed doctrine). Although.... Estoppel by Deed As an alternative ground for upholding this part of the summary judgment, the Dworaczyk beneficiaries argue that estoppel by deed bars...


Court: Court of Appeals of Texas, Fourth District, San Antonio
Date: Jan 24, 2024 Cited By: 1 Coram: 1
18

.... . ." Regardless of whether the cited clause of the Warranty Deed functions as a recital, we still conclude that the estoppel by deed doctrine does not preclude appellees from foreclosing. A...estoppel by deed doctrine, the parties to a valid deed and those claiming under them are bound, as between themselves, by the provisions of the deed, including the granting clause, recitals, reservations...' authority to foreclose as set out in the Deed of Trust. Because appellees had the contractual and statutory right to foreclose, we hold that the estoppel by deed doctrine does not preclude appellees from...


Court: Court of Appeals of Texas, Fourteenth District
Date: Jun 8, 2023 Cited By: 0 Coram: 1
19

...defendant, the doctrine of estoppel by deed could not be applied to invalidate the mortgages held by the defendant, a bona fide purchaser without actual or constructive notice of the prior conveyance...plaintiff filed a complaint for declaratory judgment in the Land Court, seeking a determination that by application of the doctrine of estoppel by deed she holds title to a parcel of land free of seven...were valid and granted summary judgment to Honey Trust. We affirm, agreeing with the judge that the doctrine of estoppel by deed should not be...


Court: Appeals Court of Massachusetts. Suffolk
Date: Feb 26, 2003 Cited By: 15 Coram: 1
20

...an answer, counterclaim, and cross-claim. They asserted that they owned all of the oil and gas rights under the property pursuant to the estoppel by deed doctrine. They sought a court declaration that...in holding that the doctrine of estoppel by deed/after-acquired title did not prevent the Bates Heirs from claiming an interest in the oil and gas minerals underlying the Property...others claiming through Olive, Martha, Bonnie, or Margaret are estopped from claiming any interest in the property. They submit that the estoppel by deed doctrine provides "that if a grantor conveys...


Court: Court of Appeals of Ohio, Seventh District, Noble
Date: Mar 31, 2022 Cited By: 0 Coram: 1

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