Robinson v. Story

1 Citing case

  1. Smith et al. v. Owenton-Ensley Highlands Land Co.

    122 So. 663 (Ala. 1929)   Cited 5 times

    An owner of property, who stands by and sees a third person selling or mortgaging it under claim of title, without asserting his own title or giving the purchaser or mortgagee any notice thereof, is estopped as against such purchaser or mortgagee from afterward asserting title. Harris v. Amer. B. L. Ass'n, 122 Ala. 545, 25 So. 200; Ex parte Hall, 47 Ala. 675; Collins v. State, 22 Ala. App. 323, 118 So. 264; Robinson v. Story, 217 Ala. 321, 116 So. 156; Jones v. Peebles, 130 Ala. 269, 30 So. 564; Brumfield v. Hall, 215 Ala. 515, 110 So. 898; Code 1923, ยง 6887. Where one sells land to which he has no right, with warranty of title, and he afterwards acquires a good title, it passes instantly to his vendee, and he is estopped from denying that he had no right at the time of the sale.