24-14-26. Estoppels defined; enumeration generally.

Conclusive presumptions of law are termed estoppels; averments to the contrary of such presumptions shall not be allowed. Estoppels are not generally favored.#

Estoppels include presumptions in favor of:#

1. (1)

   A record or judgment unreversed;#

2. (2)

   The proper conduct of courts and judicial officers acting within their legitimate spheres;#

3. (3)

   The proper conduct of other officers of the law after the lapse of time has rendered it dangerous to open the investigation of their acts in regard to mere formalities of the law;#

4. (4)

   Ancient deeds and other instruments more than 30 years old, when they come from proper custody and possession has been held in accordance with them;#

5. (5)

   Recitals in deeds, except payment of purchase money, as against a grantor, sui juris, acting in his or her own right, and his or her privies in estate, in blood, and in law;#

6. (6)

   A landlord’s title as against his or her tenant in possession;#

7. (7)

   Solemn admissions made in judicio; or#

8. (8)

   Admissions upon which other parties have acted, either to their own injury or to the benefit of the persons making the admissions.#

9. Estoppels also include all similar cases where it would be more unjust and productive of evil to hear the truth than to forbear investigation.