...signature "to a paper purporting to be a grant deed of the said premises * * * by trick or device." [1, 2] Under these conditions, coupled with the fact that...of them, we think Is applicable to the case at bar. We are not unmindful of the fact that It Is a legal prerequisite that the delivery of a deed by plaintiff...

...delivered the Instrument identified In the record as the deed to tills property, we are confronted with tho query: Is the plaintiff estopped to set up her title...of them, we think Is applicable to the case at bar. We are not unmindful of the fact that It Is a legal prerequisite that the delivery of a deed by plaintiff...

...defenses against it Generally speaking, one and all rest upon the application of the familiar maxim of equity that, where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer. Civ. Code, § 3543. The rule governing such transactions...

...are fulfilled, the rule laid down in Liclcbarrow v. Mason (y), applies, namely, that whenever one of two innocent persons must suffer by the act of a third, he who has enabled such person to occasion the loss must bear it. Of this rule the following cases may be given as illustrations,...

...Church, in delivering the opinion of court, said : "The rule that when one of two innocent parties must suffer by the act of a third, he who has enabled such third person to occasion the loss must sustain it, is not applicable, for the reason that the indorser did not in any...

...that the surety here falls within the rule, " Whenever one of two innocent Jones v. Bangs, •oarties must suffer by the act of a third, he who has enabled such person to occasion the loss must sustain it." The application of this rule to the unauthorized alteration...

...preferred to one which makes void. § 3122. Interpretation must be reasonable. § 3123. Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer. THE CIVIL CODE PART V. Words, how used. DEFINITIONS...

...the form in which, by their connivance and fault, it had been presented to the obligee. " When one of two innocent persons must suffer by the act of a third, he who has enabled such person to occasion the loss must sustain it. The sureties, by entrusting the bond to the principal...

...said, " would reverse the general and sound principle of law and justice, that whenever one of two persons must suffer by the act of a third, he who has enabled that third person to occasion the loss must sustain it himself."8 § 753. If a note zs offered for...

...Dec. Dig. § 5.*] 3. ESTOPPEL (§ 72*)— EQUITABLE ESTOPPELACTS MAKING INJURY POSSIBLE. Where one of two innocent persons must suffer by the act of a third, he who has enabled such third person to occasion the loss must sustain it. [EM. Note. — For other cases, see Estoppel, Cent. Dig. § 188...