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Against the grain Explained

against the grain at English => English (Moby Thesaurus II) Of Explained:

Against the grain at English => English (Websters 1913) Of Explained:

in fee to another, are to be apportioned by the same rule. 1 Vern.
70; 1 Chit. Cas. 223, 224, 271; Francis' Max. 3, Sec. 12, and note. See
Exchange, 3-2.ESTOPPEL, pleading. An estoppel is a preclusion, in law, which prevents a
man from alleging or denying a fact, in consequence o his own previous act,
allegation or denial of a contrary tenor. Steph. Pl. 239. Lord Coke says,
"an estoppel is, when a man is concluded by his own act or acceptance, to
say the truth." Co. Litt. 352, a. And Blackstone defines "an estoppel to be
a special plea in bar, which happens where a man has done some act, or
executed some deed, which estops or precludes him from averring any thing to
the contrary. 3 Cora. 308. Estoppels are odious in law; 1 Serg. & R. 444;
they are not admitted in equity against the truth. Id. 442. Nor can jurors
be estopped from saying the truth, because they are sworn to do so, although
they are estopped from finding against the admission of the parties in their
pleadings. 2 Rep. 4; Salk. 276; B. N. P. 298; 2 Barn. & Ald. 662; Angel on
Water Courses, 228-9. See Co. Litt. 352, a, b, 351, a. notes.
2. An estoppel may, arise either from matter of record; from the deed
of the party; or from matter in Pays; that is, matter of fact.
3. Thus, any confession or admission made in pleading, in a court of
record, whether it be express, or implied from pleading over without a
traverse, will forever preclude the party from afterwards contesting the
same fact in any subsequent suit with his adversary. Com. Dig. Estoppel, A
1. This is an estoppel by matter of record.
4. As an instance of an estoppel by deed, may be mentioned the case of
a bond reciting a certain fact. The party executing that bond, will be
precluded from afterwards denying in any action brought upon that
instrument, the fact, so recited. 5 Barn. & Ald. 682.
5. An example of an estoppel by matter in pays occurs when one man has
accepted rent of another. He will be estopped from afterwards. denying, in
any action, with that person, that he was, at the time of such acceptance,
his tenant. Com. Dig. Estoppel, A 3 Co. Litt. 352, a.
6. This doctrine of law gives rise to a kind of pleading that is
neither by way of traverse, nor confession. and avoidance: viz. a pleading,
that, waiving any question of fact, relies merely on the estoppel, and,
after stating the previous act, allegation, or denial, of the opposite
party, prays judgment, if he shall be received or admitted to aver contrary
to what he before did or said. This pleading is called pleading by way of
estoppel. Steph. 240a
7. Every estoppel ought to be reciprocal, that is, to bind both
parties: and this is the reason that regularly a stranger shall neither take
advantage or be bound by an estoppel. It should be directly affirmative, and
not by inference nor against an estoppel. Co. Lit. 352, a, b; 1 R. 442-3; 9
Serg. & R. 371, 430; 4 Yeates' 38 1 Serg. & R. 444; Corn. Dig. Estoppel, C 3
Johns. Cas. 101; 2 Johns. R. 382; 8 W. & S. 135; 2 Murph. 67; 4 Mont. 370.
Privies in blood, privies in estate, and privies in law, are bound by, and
may take advantage of estoppels. Co. Litt. 352; 2 Serg. & Rawle, 509; 6 Day,
R. 88. See the following cases relating to estoppels by; Matter of record: 4
Mass. R. 625; 10 Mass. R. 155; Munf. R. 466; 3 East, R. 354; 2 Barn. & Ald.
362, 971; 17 Mass. R. 365; Gilm. R. 235; 5 Esp. R. 58; 1 Show. 47; 3 East,
R. 346. Matter of writing: 12 Johns. R. 347; 5 Mass. R. 395; Id. 286; 6
Mass. R. 421; 3 John. Cas. 174; 5 John. R. 489; 2 Caines' R. 320; 3 Johns.
R. 331; 14 Johns. R. 193; Id. 224; 17 Johns. R. 161; Willes, R. 9, 25; 6
Binn. R. 59; 1 Call, R. 429; 6 Munf. R. 120; 1 Esp. R. 89; Id. 159; Id. 217;
1 Mass. R. 219. Matter in pays: 4 Mass. R. 181; Id. 273 15 Mass. R. 18; 2
Bl. R. 1259; 1 T. R. 760, n.; 3 T. R. 14; 6 T. R. 62; 4 Munf. 124; 6 Esp. R.
20; 2 Ves. 236; 2 Camp. R. 844; 1 Stark. R. 192. And see, in general, 10
Vin. Abr. 420, tit. Estoppel; Bac. Abr. Pleas, 111; Com. Dig. Estoppel; Id.
Pleader, S 5; Arch. Civ. Pl. 218; Doct. Pl. 255; Stark. Ev. pt. 2, p. 206,
302; pt. 4, p. 30; 2 Smith's Lead. Cas. 417-460. Vide Term.ESTOVERS, estates. The right of taking necessary wood for the use or
furniture of a house or farm, from off another's estate. The word bote is
used synonymously with the word estovers. 2 Bl. Com. 35; Dane's Ab. Index,
h.t.; Woodf. L. & T. 232; 10 Wend. 639; 2 Bouv. Inst. n. 1652 57.ESTRAYS. Cattle whose owner is unknown.
2. In the United States, generally, it is presumed by local
regulations, they are subject to, being sold for the benefit of the poor, of
some other public use, of the place where found.ESTREAT. This term is used to signify a true copy or note of some original
writing or record, and specially of flues and amercements imposed by a
court, and extracted from the record, and certified to a proper officer or
officers authorized and required to colle

against the grain at English (WD) Of Explained:

==English==

Etymology

Inter: rf » e

Pronunciation

* Inter: IPA » /əˈɡɛnst ðə ɡreɪn/

Prepositional phrase

Inter: head » en|prepositional phrase|head=against the grain
  • Inter: context » woodworking|of sanding or planing a piece of wood Preventing a smooth, level surface from being formed by raising the nap of the wood or causing larger splinters to form ahead of the cutting tool below the cutting surface.
    1. Inter: idiomati » c Contrary to what is expected; especially, of behavior different from what society expects.
    2. : By going against the grain and going to work nude, you've made yourself a laughing stock.''
    3. Inter: idiomati » c Unwillingly, reluctantly; contrary to one's nature.
    4. : It went much against the grain with him
    5. 1608, Category: w - :William Shakespeare|William Shakespeare, Category: w - :Coriolanus (play)|Coriolanus
    6. : Say, you chose him / More after our commandment than as guided / By your own true affections, and that your minds, / Preoccupied with what you rather must do / Than what you should, made you against the grain / To voice him consul: lay the fault on us.

      Usage notes

      * The expression allows possessive pronouns and certain determiners to replace Inter: term » the and Inter: term » grain to be plural.

      Translations

      Inter: trans-top » woodworking

  • French: Inter: t » fr|à contre-fil

  • Inter: trans-mi » d
    • Portuguese: nadar contra a maré; ir contra a corrente


    Inter: trans-botto » m
    Inter: trans-top » contrary to what is expected.
    • French: Inter: t+ » fr|à contre-courant
    • Portuguese: contra a maré; contra a corrente


    Inter: trans-mi » d
  • Spanish: Inter: t- » es|contramano

  • Inter: trans-botto » m
    Inter: trans-top » unwillingly, reluctantly
    • French: Inter: t » fr|à contre-cœur
    • Portuguese: a contragosto


    Inter: trans-mi » d
  • Russian: Inter: t- » ru|не по нутру|alt=ne po nutru|tr=ne po nutru

  • Inter: trans-botto » m

    See also

    * Inter: pedia » plane (tool)
    Translation: et » against the grain
    Translation: th » against the grain