17 Ga. 449 | Ga. | 1855
By the Court.
delivering the opinion.
In all cases “ where an act is done or a statement made by a party, the truth or efficacy of which it would bo a fraud on his part to controvert or impair, there the character of an estoppel shall be given to what would otherwise be mere matter of evidence, and it will therefore become binding upon a Jury even in the presence of proof of a contrary nature.” (Stephens vs. Baird, (9 Cow. 274.) Welland Co. vs. Hathaway, (8 Wend. 483.)
Of course, admissions which are made in good faith or by mistake, not the result of gross negligence, do not fall within such definition, for this sort of estoppel (being adopted by the Courts of Law from the Courts of Equity) must be founded in fraud or in gross negligence amounting to fraud. (1 Story Eq. §§286, 391.) Brewer vs. Bos. & W. R. R. Co. (5 Met. 483.)
Let us try the point in question by this rule. How were these defendants injured by these admissions of William Reeves,
Though there is no issue here between the executor and the plaintiff in error, yet we may remark, that the former is not injured. He has discharged his duty, or what he supposed his duty, and cannot be liable for this distribution, should the question ever be made with him.
Having ascertained this, let us look to the charge, which was, that “if the Jury believed,.from the evidence, that William Reeves admitted, either expressly or by his general conduct to the defendants, or either of them, that the property in dispute was held by him for life under the will of Cleveland, and at his death belonged to defendants, and confiding on these .admissions, acted upon the same in any way, then the admissions are conclusive on the plaintiff, and defendants must recover.”
Now, if we apply the principles which we have just understood governs in such cases, we find this instruction deficient, because the Court tells the Jury that the admissions are conclusive, &e. if the defendants acted upon them in any way. The rule declares that the party must so act that an advantage will be gained of him, or an injury result to him, unless the other is estopped, &c. But the Court says, he shall be estopped, if he act on the admissions in any way. This is plainly too loose, and was of a character which might mislead the Jury. If the record had shown any such action on the part of the defendants, as marriage of the daughters for example, having such property in possession; or if it had appeared that by reason of such admissions, a daughter had claimed such property, and this was generally known, and so claiming it she married, these things would illustrate the rule.
Reference was made in the charge to admissions made by Reeves before the death of William Cleveland, and it was argued that the latter may have acted upon them, and have made a disposition in favor of his grand-children, other than he would
The charge of Court, as to the effect of these admissions, considered simply as testimony, was correct.
The doctrine thus contended for is correct enough in itself; but we are not sure, so far as it has reference to a promise, that it would have been authorized by the facts. So far as it relates to admissions made by Reeves against himself, going to show the character of his title to this slave and her increase, they may be looked to as evidence of such title ; or if such were made and acted on in the way we have pointed out, they may amount to an estoppel.
Let the judgment be reversed.