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Marriage & Contract
From Hopkins v. Hopkins
[4][5] There are three parties to a marriage contract--the parties marrying and
society--so, the doctrine of estoppel concerns not only the parties to the marriage
contract, but also the public. The contract cannot be dissolved either by agreement or by
collusive proceedings in court. Gurley v. Gorman, 137 Miss. 210, 102 So. 65. Can
appellant rely on estoppel when he, and he alone, is responsible for the facts that
constitute the estoppel? We think not. An estoppel against an estoppel destroys each
other. 10 R.C.L. § 146, p. 841; 21 C.J. 1110; Barringer v. Dauernheim, 127 La. 679, 53
So. 923. Lord Coke expressed it in this language: Two estoppels destroy each other, or
"set the matter at large," note to 5 Ann. Cas. 845.
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Originally Posted by Jerry Pitts
The whole system is based upon a 'presumption' that something was represented to have occurred which may or may not have occurred in the manner which has been represented.
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