ESTOPPEL. 227 The modem American doctrine of title by estoppel has more in common with the estoppel in puis than with that by deed. H arises where an interest in land is purported to I onveyed by deed and the deed contains a covenant of war ranty or equivalent cove t of title. Such a deed, though made by one having no estate to convey, vests the title by anticipation in the grantee, which becomes a valid and effectual title if at any time thereafter the land should come I" the grantor, no further conveyance being neces- sary to divest the title of the grantor or to con- firm that of the grantee. This doctrine is pe- culiar to the United States. (See Feoffment; Warranty.) Consult: Blackstone, Commenta ries on the Laws of England (London. 1886) ; Bigelow, Treatise on tin Law <>[ Estoppel (5th ed., Boston, 1800) ; Ewart,
Exposition of the
Principles of Estoppel by Misrepresentation (Toronto, 1000). ESTOVER (OF. estover, estouvier, need, neces- sity, from estorer, estuvoi, to furnish). An ancient term of the common law, used originally of any necessary supplies to which a person was entitled out of the estate of another, but now limited to the right of a tenant to take neces- sary fire-wood ami wood for repairs from the de- mised premises. In the former sense it was once employed to describe the alimony, or sustenance. to which a woman divorced from her husband a mensa et thoro was entitled In the latter sense, it is by English writers more frequently known by the Anglo-Saxon term bote, as house- bote, a right of wood for fuel and the repair of the house ; plow-bote, wood for plows and carts; and hay-bote, wood for repairing hedges and fences. The right of estover is an incident of the usual forms of subordinate tenancy — for life, for years, from year to year, and at will — and is fully recognized in the United States as well as in England. See Landlord and Tenant: and compare Wastk. ESTRADA, gs-tra'Da, La. A town in the Province of Pontevedra, Spain, 15 miles south of Santiago de Compostela on the Rio Ulla. It is situated in a populous mountain region, and is engaged in farming and stock-raising, lumbering, and the manufacture of woolen and linen good-. There are mineral springs here. Population, in 1900 ( commune ), 26,838." ESTRADA CABRERA, 6s-tra'rja ka-bra'ra, Wnuel (1857—). A Central American politi- cian, and a President of Guatemala, born at Quezaltenango. Admitted to the bar in 1888, he soon rose to be successively a district judge, a justice of the Court of Appeals, and a repre- sentative in the National Assembly. In 1892 he was appointed Secretary of State, in February, 1808, upon the assassination of President Bar- rios, became acting executive, and in September of that year was elected President of the Re- public. ESTRADES, es'trad', Godefboi, Comte d' fl607-86). A Ficnch soldier, bom at Agen. He fought in Holland under Prince Maurice, became colonel of infantry, and marechal de enmp in L647. In 1661 he was made Ambassador Ex- traordinary to England, and conducted the nego- tiations on the cession of Dunkirk to the French. Named Ambassador to Holland, he occupied thai position until 1668. and then in the campaign that followed received the baton of marshal for ESTREES. gallant rj at Wesel, Maestricht, and Li represented his country in the congre that arranged the Peace oi tfymwegen ( 1678), returned to France covered with honoi correspondence was published in London and The Hague (1743). ESTRAY (OF. estrayer, estraier, to from estree, stree, Prov. estrade, street, from l..-,'t. strain, street, from sternere, to strew; according to another ety logy from ml. extravagari, to wander beyond, from Lai. extra, beyond H vagari, to wandei |. Anj animal, the Bubject of property and not fera natural, or wild, which is found without, apparent owneT at large in a public place or on the land of any one not the owner. If trespassing on private land, an estraj may, in England, and generally iii the United State impounded at. the cost of tl wner reclaiming and in some jurisdictions may be distrait damage feasant. In England, if found within limits of the royal demesnes or of a manor wdiere it does not belong, an estray becomes subject to the lordship of the King or lord of the manor who acquires a qualified property therein. This right of property becomes absolute if the ani- mal be not reclaimed by the owner within a year and a day after due proclamation made by the lord of the manor. This doctrine is a peculiar exception to the general rule of law, which pro- tects the title of the loser of goods until his claim becomes barred by the Statute of Limita- tions. (See Derelict; Trover.) It does not obtain in the United States, where the statu - of estrays and the rights of their owners are, for the most part, regulated by statute. In some States the finder of a strayed ani- mal may, after a reasonable time and due advertisement, sell it at public or private sale, and pass a good title to the purchaser. The proceeds of the sale, after pa}'ing the reasonable charges of tin' vendor, are usually paid into the treasury of the town, county, or State. Consult: Burn, Justice of the Peace and Parish Oflici r (30th ed., London, 1869); Seriven, Treatise on Copyhold, Customary Freehold, etc. (London). ESTREAT (OF. estret, estrait. Fr. extruit, extract, from OF. estraire, Fr. extraire, to draw- out, from Lat. extrahere, to draw out. from ex, ■ lit f trahere, to draw). In English law, a true extract, copy, or note of some original writing or record, and specially of fines or amercements, as entered in the rolls of a court, to be levied by bailiffs or other oiiicers. 'When applied to a recognizance (q.v. ), it signifies that the reci nizance itself is estreated, or taken out from among the other records, and sent to the ex- chequer for enforcement. If the condition of a recognizance be broken, the recognizance is for- feited; and on its being estreated the par' become debtors to the Crown for the sums in which they are hound. Under the present prac- tice in England, the King's Remembrancer i-sues process for the enforcement of estreats, subject to the supervisory power of the King's Bench Division of the High Court of Justice. ESTREES, a'stra', » ; uirielle d' (e.1573 -9! The favorite of Henry IV. of France. She wi- the daughter of Marquis Antoine d'Estn'es. Gov- ernor of the Isle of France. In her father's absence, she received Henry IV. at her father's castle at Cceuvres in 1590. and inspired him with a violent passion. Iter father forced her to marry ' 1.
