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In this case I am compelled to dissent. Barnes agreed to release his lien and to hold only the other lot as security, and the bank acted upon that representation, therefore Barnes' estate is estopped to later set up his lien. 6 Thompson on Real Property, section 4866; 39 Cyc., 1833; 3 Pomeroy's Equity Jurisprudence, section 1259; 29 Amer. Eng. Ency. of Law (2 Ed.), p. 788; Thompson v. Dawson, 3 Head, 384.
Document Info
Citation Numbers: 72 S.W.2d 573, 18 Tenn. App. 55, 1934 Tenn. App. LEXIS 12
Judges: Dewitt, Crownover, Paw
Filed Date: 2/17/1934
Precedential Status: Precedential
Modified Date: 11/15/2024