Dear Everyone, Does anyone have a link to where this actual case can be read? Engelhardt v Gravens (Mo) 281 SW 715, 719 Thanx,
Butch, I don't think the case is available online, it's been discussed though, if you search on "estoppel" you'll find plenty to get you sitting up straight -- there's some contraversy surrounding the validity of using that specific case as it applies to a right of way if I'm remembering right. The estoppel doctrine goes further than just real estate however, in my humblest of sassy opinions anyway, based on the research I did. It's not exclusive to real estate which is why it seems to work so well in the context that it is used here, though I think the citation is getting over-used and wish people would tweak the sample letters as a matter of practice just to keep them fresh so the letters themselves don't become something that creditors start flagging. If you don't want to search or end up with 2,000 threads again, I've saved some links to good discussions and will post them for you, but it will have to wait until tomorrow. You'll definately enjoy the brain aerobics in reading it. Sassy
Thanx Sassy, Yeah, I think the prevailing wind, on other boards at least, is that this case is misused. But I do know that the Estoppel Doctrine is valid if certain conditions exist. I'll be looking forward to your links.
Yep, it's a land case that uses estoppel by silence (My lay person understanding: if you are silent on an issue and certain things have happened, you then lose your rights). that seemed to be the gist of the land case. The next time I talk with my atty I'll ask him too how to get a copy and if it's used correctly. Given the content of the case, it makes sense... but I'm not an atty... regardless, it seems to scare off collection agencies but I do wonder if it would hold water in court. Regardless of the case quoted, the series of 2 letters requesting validation and demanding actions after receiving no validation certainly work well. If you get a copy of the case please let us know so we can enable email... I'm sure a few of us would like to actually read the case
Thanx Marie, If I have to I'll go to my law library cause I think this is important and would like to know more.
Sorry Butch, Should have changed post from tomorrow to day after tomorrow, got distracted by life again ;-) B.Bauer's take on estoppel letter: http://consumers.creditnet.com/stra...358&highlight=christi+and+estoppel#post140358 estoppel legal: http://consumers.creditnet.com/stra...60093&highlight=estoppel+and+valid#post160093 Extensive -- Estoppel letter a new day dawning: http://pub50.ezboard.com/fcreditwrenchfrm1.showMessage?topicID=97.topic Estoppel of the right to demand proof of loss (insurance): http://www.insurancefraudlaw.com/a_estop.htm Waving the right to demand...estoppel: http://www.insurancefraudlaw.com/a_waiv.htm Definition: http://www.lectlaw.com/def/e040.htm Types of estoppel with layman summaries: http://www.nolo.com/lawcenter/dicti...m/7F1E56D5-7EC1-4CEB-86B3943F6990FF77/alpha/E Sassy
