Johnson v. Frisbie

Robinson, J., delivered the opinion of the court. The question presented in the first bill of exceptions, it is unnecessary to decide. The objection to the admissibility of the paper, purporting to be an order, signed by French, Assistant Provost Marshal, on the ground that no evidence had been offered of its authentication, is fully answered by the proof in the second bill of exceptions. The execution of the order by French, and its delivery to the witness Dale, with directions to go to the stable of the appellee and take *possession of the horse, being proven, we think it was admissible in evidence, to explain how and under what circumstances, the horse was surrendered to the authorities of the United States.

We concur therefore with the ruling of the court in the second bill of exceptions. The declarations of Fish, under whom the appellant claimed title, were clearly inadmissible. They were declarations of a party in his own interests, not made in the presence of any one authorized by the Government to assent, acquiesce in or disavow the same. The doctrine of estoppel in pais, so confidently relied on by the counsel for the appellant, stands upon the broad grounds of public policy and good faith; it is interposed to prevent injustice and to guard against fraud, by denying to a party the right to repudiate his admissions, when they have been acted upon by persons to whom they were directed, and whose conduct they were intended to influence.

Alexander v. Walter, 8 Gill, 239. There is not a particle of evidence, to show that the Government ever assented to or permitted any one to act upon the declarations of Fish; and to hold under such circumstances, that the Government is to be estopped from reclaiming its property, would be to carry the doctrine to an extent, not warranted by any authority and in violation of every principle of public policy and public justice. The law prescribes how and in what manner the public property is to be ⁸⁴ sold, and it is well established, that persons dealing with agents or officers in regard thereto, are bound to know the extent of their authority. United States v. Nicoll, 1