Tartar v. Hall
Before: Heydenfeldt
Synopsis
A paity is not allowed to controvert the declaration he has made by deed.
The defendant bought of the plaintiff a pre-emption right to a tract of land, the title to which was in the United States, took a deed for it, and gave his note for the purchase-money, secured by his mortgage of the premises conveyed. The plaintiff brought suit for the recovery of the note and mortgage, and defendant pleaded want of consideration. Held, that the mortgage operated an estoppel to the defence set up.
Heydenfeldt, Justice, delivered the opinion of the court. Wells, Justice, concurred.
The mortgage executed by the defendant, operates an estoppel to the defence he has set up; according to well-established principles of public policy, for the security of good faith and fair dealing, a party is not allowed to controvert the declarations which he has made by deed, or to deny the enforcement of rights which he has thus attempted to confer.
Judgment affirmed.
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