Melville Fuller

“ The reasons stated are based upon the equitable doctrine of estoppel in pais and innocent purchaser for value, without notice, the language of the opinion upon these points being as follows: (a) 'Having kept a sinister silence when they should have spoken with candor and courage, equity now closes her door, and leaves them to obtain from a court of law what they can.' (b) 'That as against an innocent purchaser for value, without notice, a court of equity is without jurisdiction, and will refuse to give any assistance whatever, leaving the party to enforce his technical rights at law. ”

“ Upon the final hearing their bill was dismissed, and they prosecuted an appeal to the supreme court of appeals of Virginia, which court affirmed the decree of the court below; holding that, as between the heirs and the purchasers, the former were bound by the recitals of the decree of May 4, 1872; and that upon the evidence aliunde the record the heirs were estopped by laches and by conduct to claim title as against the purchasers who were such in good faith, for value and without notice. 6 S. E. Rep. ”

“ Conceding that West's title to the particular lands had been divested by the sale under the confiscation proceedings, and that the interest of the heirs remained unaffected thereby, yet, if they were concluded under the circumstances by the decree of May, 1872, or upon the principles of estoppel and laches, that disposed of their case adversely to them ”