Reports of cases argued and decided in the Supreme Court of the State of Texas, during the Galveston session, 1867, with an appendix containing the cases of the Galveston session, 1861, etc. Volume 29. Page: 82
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73 PAGE v. ARNIM. [Galveston,
conduct had denied, when, on the faith of that denial,
others have acted.' The element of fraud is essential,
either in the intention of the party estopped, or in the
effect of tie evidence which he attempts to set up." Dezell
v. Odell, 3 Hill, 222; Otis v. Sill, 8 Barb. 102; Lawrence
v. Brown, 1 Seld. 394; Morris v. Moore, 11 Humph.
433; Brewer v. Brewer, 19 Ala. 481; Clabaugh v. Byerly,
7 Gill, 384.
The only qualification which seems necessary to the
doctrine laid down in these cases is, that a party may be
estopped by acts and declarations which were designed to
influence another who has acted upon them, although
both 'parties were ignorant that what is thereby represented
is not true; for if one of two innocent parties
must suffer, he through whose agency the loss occurred
should sustain it.
[73] It remains for us to consider the errors assigned
by the intervenor. The application for a continuance
was properly annulled. There was not such necessity
shown for the presence of the absent counsel as to require
a continuance. The other ground was obviated by
the admission of the fact, which it was desired to prove,
viz., that the county clerk of Brazoria county had no official
seal in 1837.
The objection to the introduction of the release from
the administration of Chase to McGreal, and the contract
between McGreal and Arnim, was also properly overruled.
But, in saying this, we are not to be understood
as holding merely that the first was admissible as a recorded
instrument, and the last as authenticated by the
admissions of the parties to it, by whom it was offered;
but, as there has been no argument to the points, we express
no opinion as to the legal effect of the instruments,
or as to the date at which the last must be held to take
effect, in view of the manner in which it comes into
court.
There was, however, manifest error in sustaining the
objections made to the copy from the records of Gonzales
82
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Texas. Supreme Court. Reports of cases argued and decided in the Supreme Court of the State of Texas, during the Galveston session, 1867, with an appendix containing the cases of the Galveston session, 1861, etc. Volume 29., book, 1882; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28544/m1/80/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .