describing the doctrine of equitable estoppel in manner consistent with that approach
How later courts described this case
- describing the doctrine of equitable estoppel in manner consistent with that approach
- purchaser takes subject to prior rights of which purchaser has actual notice
Written by the judges who cited it.
The opinion
Petition for Rehearing
Before Latourette, Chief Justice, and Warner, Lusk, Brand and Perry, Justices.
PERRY, J.
The plaintiffs have petitioned for a rehearing in this matter, which petition is denied. However, since *289 the petitioners seem to feel some uncertainty as to the decree to be entered in the circuit court, we will make this additional statement.
The defendants established no interest in or to the 40 acres in the northeast quarter of section 16, township 13, contained in the description in the original opinion; and a decree should be entered quieting plaintiffs ’ title thereto.
The money judgment to be entered, if any, on behalf of the plaintiffs and against the defendants, after deducting from the $5,000 the value of the timber removed by the plaintiffs plus the value of the 144 acres of land upon which the timber in question is growing, shall be a lien upon the standing timber upon the said 144 acres.
Petition denied.