Archive for April, 2012

Saturday 28th April 2012

Posted in Stuffed. on April 28, 2012 by uppyalf

Who’d Be Neil came yesterday and OLD FART gave him one of our mugs they are available on request.

Also badges are available.

Snookeroo Elton John and Bernie Taupin
I was born in the north of England
I was raised in a working town
I broke all the rules when I went to school
But the teachers couldn’t pin me down
I tried to make my parents proud
By adapting to the social powers
Oh pigs will fly, and the earth will fry
When they get me doing honest hours
Snookeroo, Snookeroo
Daddy’s going on the booze
Mother used to cut my hair
And sister used to make the news
Oh it was two rooms up and two rooms down
And we were sentenced by the wrecking crane
I was born on the eve of Halloween
And Snookeroo, Snookeroo, Snookeroo’s my name, Snookeroo
I need someone to cook for me
And turn me loose at night
I could spend my life with a factory girl
‘Cause the factory girl’s my type
I hear them gossip on the street
Most of what they say is true
Oh don’t you know that I hear them say
There goes that lazy, no-good Snookeroo

North America’s First UFO Sighting

By Jeff Belanger

John Winthrop, esquire (1588-1649) has the distinction of being the first elected governor of the Massachusetts Bay Colony. But he also holds a more paranormal distinction…he was the man who documented the first UFO sighting in North America – an encounter that lasted hours and was seen by multiple witnesses.

Winthropwas an English Puritan who sought religious refuge in theNew World. He was passionate about his faith, and he believed God would punishEnglandfor not expunging any remaining traces of Roman Catholicism from the Church of England. It’s important to noteWinthrop’s beliefs because it’s possible he may interpret any out-of-the-ordinary event as being religious in nature.

The pilgrims aboard the Mayflower had already blazed the trail in 1620, so whenWinthroparrived in 1629, an English colony was already well established. The smallpox virus that the English carried toAmericahad wiped out many of the indigenous peoples — andWinthropviewed the epidemic as God’s way of clearing the land for the good Christians fromEngland.

Perhaps the greatest legacy John Winthrop left behind was his chronicles. He knew there were few learned men inAmericawith the time and ability to document the history as it was being written.Winthropwrote down the events he witnessed and the stories he heard in a giant tome called The History of New England From 1630 to 1649. It’s in this record that we find the first reference to an anomaly in the sky inNorth America. In his 1638 entries,Winthropwrote:

“In this year one James Everell, a sober, discreet man, and two others, saw a great light in the night atMuddyRiver. When it stood still, it flamed up, and was about three yards square; when it ran, it was contracted into the figure of a swine: it ran as swift as an arrow towards Charlton, and so up and down about two or three hours. They were come down in their lighter about a mile, and, when it was over, they found themselves carried quite back against the tide to the place they came from. Divers[e] other credible persons saw the same light, after, about the same place.”

TodayMuddyRiveris a collection of brooks and ponds that run about three and a half miles from Jamaica Pond nearBostonto theCharles River. Charlton is a town about 50 miles southwest ofBoston. It’s worth noting that the figure in the sky appeared to turn into “the figure of a swine.” Everell was a leather dresser, meaning he worked with the hides of animals, tanned them, and turned them into leather goods. The “swine” or pig was the only shape in the databanks of his mind that he could relate to.

Winthrop’s account claims the event lasted two or three hours, which rules out any chance of the object being a meteor. 1638 was almost 150 years before the first balloon flights, so the possibility of the object being man-made is also ruled out. The witness also claims that their small boat was pushed back against the tide about one mile (back to where they first set their boat in the water) while they watched the object in the sky. Could this be a “lost time” phenomena? Were they physically moved by the object in the sky? Could it be they were mistaken as to the tide because they were distracted by the unidentified object in the sky? Possibly.

The next question that arises is: Can we trust the witness, Mr. James Everell? A fair question. John Winthrop included a footnote about Everell: “He was a man of reputation, activity and good estate inBostonmany years afterwards. With his wife, Elizabeth, he had been received intoBostonchurch 20 of July, 1634, being Nos. 239, 240. His will, made 11 December, 1682, proved 2 February following, is found in our Probate Registry, vol. VI. 400.”

In a second footnote about this event,Winthropgives some thought as to the cause. “This account of an ignis fatuus [a phosphorescent light that hovers over swampy grounds, also called “Swamp Gas,” “will-o’-the-wisp,” or “ghost lights”] may easily be believed on testimony less respectable than that which was adduced.” But thenWinthropgets skeptical about the sighting. He writes: “Some operation of the devil, or other power beyond the customary agents of nature, was probably imagined by relaters and hearers of that age, and the wonder of being carried a mile against the tide became important corroboration of the imagination. Perhaps they were wafted, during the two or three hours’ astonishment, for so moderate a distance, by the wind; but, if this suggestion be rejected, we might suppose, that the eddy, flowing always, in our rivers, contrary to the tide in the channel, rather than the meteor, carried their lighter back.”Winthropseems most concerned with debunking the notion of a small boat sailing a mile against the tide than explaining a pig-shaped object in the sky that traversed roughly 50 miles for several hours.

Swamp gas has typically been described as a glowing mass that hovers in one location and then dissipates. It just doesn’t travel like the way Everell described. It’s also fascinating that Winthrop, an overtly religious man, would summarily dismiss any supernatural origins to the story he heard. Perhaps a glowing, flying pig didn’t fit into his understanding of Scripture, so his thoughts didn’t go in that direction.

Besides the one paragraph and two footnotes,Winthropwrites nothing more on the subject ofNorth America’s first UFO.

Life Here and Out There

By Matt Moniz

Matt Moniz is the science advisor and co-host of Spooky Southcoast Radio and a paranormal researcher based in Massachusetts. 

The thoughts of every person on this planet has at least one time or another wondered if there was life on other planets. From that very first cognitive human who looked up and saw that great expanse, and on to the everyday person alive today that question still plagues us. We have not come any closer to finding the answer now than we did then. More than a few would say that is due in part to us imposing the willful choice of not wanting to know the truth despite our technology if it was applied with a serious and unbiased effort. Stories, legends, and every manner of musing has made their contribution to the views we have today, and science has done only a small part so far in our understanding, but may yield more in times to come, though right now, it sits impudent and mute on the subject.

From cave wall pictures, to those early days when blazing shields would be seen in the skies of the old world by the likes of pharaohs, Alexander the Great, and the throngs that served them. Replete is history with reports of strange sky chariots, right up until today with the regular sightings of metal craft that defy all we know about the physics of flight. We have always been in watching and wondering, “What could they be?,” “How do they do that?,” and “where are they from?,” right from the start.

There have been entire cultures that have their creation mythos based on the belief that their origins stem from the stars. Like the Dogon, in Africa who say they are descendents of a twin star system, who’s verification of not only the accuracy of the second star, but its length of orbit occurred only in the last 50 years. Or to the Aboriginal tribes of Australia that believe that a few pair of siblings came from the sky and seeded the lands with their offspring.

In one way or another, there is some form of entry in every belief system that can be considered by some to have hints in it that life from elsewhere has played some form of guiding as to who we have become. Each person must make that difficult choice themselves, as to if these claims are true or affect the way they see their own beliefs viewed. Regardless of belief, or race, social stature, gender, education, and any other means of dividing our population, humanity has seen these strange sky plying wonders without deviation across time and our globe.

What has been happening in the last couple of decades has been the change of attitude toward truly understanding what we all have been seeing around the planet. Some people still wish to hold out, and hide in the comfort of denial and dismissal. That choice is theirs, and those who wish for more substantial answers will continue to ask the pointed questions though those answer are still forthcoming.

I will now try to enlighten you with the knowledge I have gleaned from a few decades of searching for those answers. One must first except that not all the things that have been seen or recorded are visitors from some distant world. We are human and with that comes all our faults as well. Mistakes are part of who we are, and that has been a perpetual fact we must live with. There were objects seen in days long past that were only later found to be of mundane origin. I refer to comets and meteors along with a host of whether conditions. However that still left a vast number of those mysterious objects seen, unexplainable with those now known things.

Most people are relatively sure that the modern history of UFO’s started in the forties. Well, that is not completely true. Along with ancient accounts, there were credible sightings made in 1492 while crossing the Atlantic by Columbus. In the 1600 and 1700’s in the Boston area several times. In the 1890’s there were “airships” seen from Maine to Texas, where one had even been said to crash, and the pilot given a burial by the local townsfolk. Even before the start of the second World War, there were craft of unknown origin traversing the skies. During the war itself, there were vast numbers of pilots on every side seeing what came to be called “FOO Fighters.” Each side thinking they belonged to the other, as some form of secret weapon.

It was only after the war that it was discovered that these fantastic craft belonged to none of the forces involved in the conflict. After the atomic bomb was tested in the deserts of New Mexico, only a few scant years later as if watching the bomb’s development, a series of these object were said to have impacted the floor of a few valleys and onto mesa tops nearby. Anywhere from one to four fell from the skies out there it is told by some, and then collected by military and secreted away for study by a war machine with a hungry appetite for new technology that it could use to its own ends.

The cold war was rife with incidents that almost brought us to nuclear obliteration. On several occasions at launch facilities in both the former Soviet Union and US, a strange airborne vehicle was sighted hovering silently above the bases as the entire launch system went fully active and then a complete lock down and out of the system. The missiles in the silos were rendered un-launchable afterward and required their internal guidance gimbals to be recalibrated.

Planes with “Hot Ordnance” onboard were approached and subjected to something similar to what happened with the missile instillations. These “Hot Birds” made it back to their respective bases unharmed, but their payload it is rumored, was not as it should be and required attention before returning to functional status. Some missiles test fired had their payloads knocked right off the booster it was riding on by an energy beam emanating from a structured vehicle pacing the skyward bound rocket. This was recorded on film, that was immediately impounded and forwarded onto the higher levels of the government without haste.

Ships at sea were not immune to harassment if they carried a nuclear source of some form. Carriers and submarines powered by the forces of the atom, found themselves face to face with these same objects coming out of and returning to the sea after their encounters. Remember, sighting at sea go far back into history and contain much the same stories then as now regarding how these things move and look. Sailors in every sea have been witness to objects of an unearthly origin light up the deep only to break the surface and flyaway to the horizon.

Around the world in every country and county, province, state or region, there have been countless sightings of things in the skies that logic and common sense would left wanting, as to the answers for those who were to view them. Private pilots would see these unknown fellow skyward travelers accompany them on flights across skyways both day and night. Police would be dispatched to the homes of many citizens who would return to summit their reports to station logs of the residents claim that a strange light or unknown aircraft was hovering above their property. On a few occasions, these things would land and effect the grounds they rested on. These cases have yielded a good deal of information on the undeniable effects these objects have on soil and plant matter. These results will be discussed in the future during other presentations of this topic.

It was only a matter of time before the inevitable reports of contact between the operators of these other worldly craft and the population at large would surface. These “Contactees” would regale the populous with tales of our galactic “Space-brothers” come to show us the error of our ways and plead with us to end our nuclear madness. The ever-present air of fantasy in their stories, were in a stark contrast to the still unanswered questions of how they had the photos and movies that looked with all world and the intent to be genuine. The archetype “guiding figure” who is worried for our development and warns us of our self-destructive nature was recounted over and over. If history holds to being repetitive, as it is often prone to do in the case of humanity, it will repeat itself here yet again. Maybe someday humanity will get its act together, but it is doubtful it will do that in the near or foreseeable future.

The reports of the visits from our loving “Space Savior Brothers” would eventually give way to a more harrowing experience that has come to be known popularly as the “Alien abduction phenomenon.” The Betty and Barney Hill case was one of the most well-known of the transition cases. The human looking “Space Brothers” slowly gave way to the current day depiction of what we know now as “The Gray.” What this means is still debated in the circles that investigate these claims. Some are of the opinion that the first group of visitors were a human-like race that may have been our ancestors and others that see them as only posing as human. There are others who see the arrival of the little grey beings as recent visitors to our world and still others feel them to be “US” from an as yet unknown time, that lays ahead for humanity.

The human mind can play a large role in perception of these beings as well. Our minds use information that they have gained over our development and growth and in those personal experiences and exposures that help to shape what we see. In the 15th century, the natives in the Americas that meet the first European explorers could not “see” the ships that arrived on their shores, because they had no reference in their minds to put the pieces together. Over a few days of observation they would be seeing waves break out on the water and birds perching in midair, the shape of the ship would be only slowly perceived by the natives. So how would that differ in reality to what we have today? This is food for thought, as we are not so much in different shoes than those natives who watched in wonder back then and struggled to understand an unknown to them.

This also further begs the question: “Do they have the same motives as the Conquistadors?” Time and experience has taught us that any visiting culture that has a higher state of technology will absorb the less advanced one. I cannot say that this will be the result of full and open contact with others from beyond our solar system, though history has a way of repeating itself over and over with a different casts of the same play. Yet I personally doubt this will be the case and hope that there is a more benign and less dramatic agenda at work.

My reason for this thought is the example of Jane Goodall and her work with primates. She was non intrusive and kept to the peripherals of both the physical and social structure of the primate groups she was studying. Only after a long period of her presence on the outskirts of the group was she approached by them and accepted into their social structure. The primates then continued unfettered and did not lose their identity as a group and acted the same way they were before her arrival, only now including a strange looking being whom they came to “trust” or at least except and tolerate regardless of her difference.

I liken the current actions of UFO occupants we see today, as being similar to those methods being used to study the primates as Jane Goodall did in her work. If they were like the Conquistadors, then we would have been largely eliminated as a people by now and the remainder enslaved and forcibly worked, removing our planets resources for them to sail across the vast seas of space back to their shores. The riches from all these plunders filling unearthly coffers to finance some celestial despot bent on conquest and domination of the heavens.

For the time being, we can only wonder and speculate about the thoughts and intents of beings we are not even sure of who they are, or what they are and even in some cases, if they are. You are all people on the front lines. It is that you are just unaware that there was a large battle being waged and the victor will control the perceptions of the masses that dwell on this planet of how others from outside our world will be viewed. Will we see them as invading hoards bent on domination, or as a curious race with little interest in absorbing us into their culture, but rather awaiting for us to except them into ours.

One thing that can be truly said is that one day we will know for sure that we are not alone, and it is up to us to determine how we react to that fact. The math and materials out there make it very clear that life beyond our world is out there, and we as a people need to be sure we can except that we are not alone, or as it would be self evident, never were alone in this universe. Maybe as a dialog develops over time with these beings, we will get a better idea about what we are “all” doing here. Do not mistake my thoughts here as being that “they” have all the answers to that great mystery. I just feel that together we could help each other get a little closer to that goal.

I want everyone to keep an open mind when it comes to the topic of civilizations that stem from beyond our solar system. One day we will be a part of those throngs that navigate the seas of space to foreign shores that we will one day set foot on. Maybe even greeted by some less advanced beings who will look on us as we did those that came to our little neck of the galaxy and found us standing there looking at them. Many other cultures here on earth already have taken this to be truth and just a fact of life, and are dumfounded that we are struggling with this notion. When you venture outside and look into a star filled sky, just stop for a moment and realize that you only see a small fraction of what is out there. Keep in mind as well, that as you’re looking up into that great vastness above us all, that there just maybe a life form from somewhere else looking back.

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Thursday 26th April 2012

Posted in Stuffed. on April 26, 2012 by uppyalf

More Tosser Speech

A legal principle that bars a party from denying or alleging a certain fact owing to that party’s previous conduct, allegation, or denial. The rationale behind estoppel is to prevent injustice owing to inconsistency or Fraud. There are two general types of estoppel: equitable and legal.

Equitable Estoppel

equitable estoppel, sometimes known as estoppel in pais, protects one party from being harmed by another party’s voluntary conduct. Voluntary conduct may be an action, silence, Acquiescence, or concealment of material facts. One example of equitable estoppel due to a party’s acquiescence is found in Lambertini v. Lambertini, 655 So. 2d 142 (Fla. 3d Dist. Ct. App. 1995). In the late 1950s, Olga, who was married to another man, and Frank Lambertini met and began living together in Argentina. Olga and Frank hired an attorney in Buenos Aires, who purported to Divorce Olga from her first husband and marry her to Frank pursuant to Mexican law. The Lambertinis began what they thought was a married life together, and soon produced two children. In 1968, they moved to the United States and became Florida residents. In 1992, Olga sought a divorce from Frank. She petitioned the Florida court for sole possession of the marital home and temporary Alimony, which the court granted. Frank sought a rehearing, arguing that the Mexican marriage was not a valid legal marriage and was therefore void. Though Frank won with this argument in the trial court, the appellate court reversed, holding that Frank was equitably estopped from arguing that the Mexican marriage was invalid. According to the appellate court, Frank and Olga had held themselves out as a married couple for more than 30 years, lived together, raised two children, and owned property jointly. Both Frank and Olga apparently believed all along that the Mexican marriage was legal, and it was only when Olga filed for divorce that Frank discovered and chose to rely on its invalidity. The appellate court granted Olga her divorce, the house, and the temporary alimony. Frank’s acquiescence for three decades—holding himself out as being married to Olga—prevented him from denying the marriage’s existence. There are several specific types of equitable estoppel. Promissory estoppel is a contract law doctrine. It occurs when a party reasonably relies on the promise of another party, and because of the reliance is injured or damaged. For example, suppose a restaurant agrees to pay a bakery to make 50 pies. The bakery has only two employees. It takes them two days to make the pies, and they are unable to bake or sell anything else during that time. Then, the restaurant decides not to buy the pies, leaving the bakery with many more pies than it can sell and a loss of profit from the time spent baking them. A court will likely apply the Promissory Estoppel doctrine and require the restaurant to fulfill its promise and pay for the pies. An estoppel certificate is a written declaration signed by a party who attests, for the benefit of another party, to the accuracy of certain facts described in the declaration. The estoppel certificate prevents the party who signs it from later challenging the validity of those facts. This type of document is perhaps most common in the context of mortgages, or home loans. If one bank seeks to purchase mortgages owned by another bank, the purchasing bank may request the borrowers, or homeowners, to sign an estoppel certificate establishing (1) that the mortgage is valid, (2) the amount of principal and interest due as of the date of the certificate, and (3) that no defenses exist that would affect the value of the mortgage. After signing this certificate, the borrower cannot dispute those facts. Estoppel by laches precludes a party from bringing an action when the party knowingly failed to claim or enforce a legal right at the proper time. This doctrine is closely related to the concept of statutes of limitations, except that statutes of limitations set specific time limits for legal actions, whereas under Laches, generally there is no prescribed time that courts consider “proper.” A defendant seeking the protection of laches must demonstrate that the plaintiff’s inaction,Misrepresentation, or silence prejudiced the defendant or induced the defendant to change positions for the worse. The court applied the doctrine of laches in People v. Heirens, 648 N.E.2d 260 (Ill. 1st Dist. Ct. App. 1995). William Heirens pleaded guilty, in 1946, to three murders, for which he received three consecutive life terms in prison. Heirens sought court relief numerous times in the ensuing years. In 1989, 43 years after his conviction, Heirens filed his second postconviction petition seeking, among other things, relief from his prison sentence due to ineffective counsel and the denial of due process at the time of his arrest. The court found that all the witnesses and attorneys involved in Heirens’s case had since died. Laches precluded Heirens from bringing his action because, according to the court, it would be “difficult to imagine a case where the facts are more remote and where the state might be more prejudiced by the passage of time.”

Legal Estoppel

Legal estoppel consists of estoppel by deed and estoppel by record. Under the doctrine of estoppel by deed, a party to a property deed is precluded from asserting, as against another party to the deed, any right or title in derogation of the deed, or from denying the truth of any material fact asserted in the deed. For example, suppose a father conveys a plot of land to his son by deed. Unbeknownst to the son, the father actually does not own the plot of land at the time of the conveyance; the father acquires title to the property only after the conveyance. Technically, the son is not the legal owner of the property because his father did not own and did not have the right to transfer the real estate at the time of the conveyance. But under the doctrine of estoppel by deed, the court may “make good” the imperfection of the poorly timed conveyance by finding the son to be the rightful owner of the plot of land (Zayka v. Giambro, 32 Mass. App. Ct. 748, 594 N.E.2d 894 [1992]). The doctrine of estoppel by record precludes a party from denying the issues adjudicated by a court of competent jurisdiction (Collateral Estoppel) or any matter spelled out in a judicial record (judicial estoppel). Collateral estoppel, sometimes known as estoppel by judgment, prevents the re-argument of a factual or legal issue that has already been determined by a valid judgment in a prior case involving the same parties. For example, suppose Ms. Jones, who owns a business next to Mr. Smith’s, sues Mr. Smith for damage to her property caused by the digging of a hole. Mr. Smith defends by arguing that the hole is on his land. After considering all the evidence, the court determines that Mr. Smith owns the land. Later that year, after a late night at work, Mr. Smith cuts across the back lot, falls into the hole, and is injured. He then sues Ms. Jones for negligent maintenance of her property. In this situation, the court will apply collateral estoppel, preventing Mr. Smith from re-litigating an issue that was already decided between the same parties in the prior proceeding. The related doctrine of judicial estoppel binds a party to his or her judicial declarations, such as allegations contained in a lawsuit complaint or testimony given under oath at a previous trial. Judicial estoppel protects courts from litigants’ using opposing theories in the attempt to prevail twice. For instance, a tenant trying to avoid liability to a property owner may not, in the tenant’s Bankruptcy case, successfully represent to a court that the property agreement is a lease and then later, when the property owner sues for nonpayment of rent, declare that the agreement is a mortgage rather than a lease (Port Authority v. Harstad, 531 N.W.2d 496 [Minn. Ct. App. 1995]). Estoppel by record is frequently confused with the related doctrine of Res Judicata (a matter adjudged), which bars re-litigation of the same Cause of Action between the same parties once there has been a judgment. For example, if Mr. Chen sues Ms. Lopez for breach of contract and the court returns a decision, Ms. Lopez cannot later sue Mr. Chen for breach of the same contract. Ms. Lopez has the right to appeal the first decision, but she cannot bring a new lawsuit that raises the same claim.

Further readings

Coale, David S. 1999. “A New Framework for Judicial Estoppel.” Review of Litigation 18 (winter): 1–25. Cooke, Elizabeth. 2000. The Modern Law of Estoppal. New York: Oxford Univ. Press. Lundquist, John W. 1997. “‘They Knew What We Were Doing’: The Evolution of the Criminal Estoppel Defense.” William Mitchell Law Review 23 (winter): 843–77. Shapiro, David L. 2001. Civil Procedure: Preclusion in Civil Actions. New York: Foundation Press.

West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

estoppel n. a bar or impediment (obstruction) which precludes a person from asserting a fact or a right, or prevents one from denying a fact. Such a hindrance is due to a person’s actions, conduct, statements, admissions, failure to act, or judgment against the person in an identical legal case. Estoppel includes being barred by false representation or concealment (equitable estoppel), failure to take legal action until the other party is prejudiced by the delay (estoppel by laches), and a court ruling against the party on the same matter in a different case (collateral estoppel). (See: collateral estoppelequitable estoppelestoplaches)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

estoppel noun banbarbar to an allegationbarrierbarringblockagedisallowanceforbiddancehindranceimpedimentinhibitionlegal restraintobstructionpreclusion by actpreclusion by conductprohibitionrestraintrestriction Associated concepts: agency by estoppel, collateral estoppelequitable estoppel, estoppel by concealment, estoppel by conduct, estoppel by deed, estoppel by judgment, estoppel by laches, estoppel by matter in pais, estoppel by matter of accord, estoppel by recital, estoppel by record, estoppel by silence, estoppel by suppression, estoppel by verdict, estoppel letter, judicial estoppel, partnership by estoppel, ratificationstare decisiswaiver Foreign phrases: Nemo contra factum suum venire potest.No man can contradict his own act or deed. Un ne doit prise advantage de son tort demesne. One ought not to take advantage of his own wrong.


See also: barcheckhaltimpedimentobstacleobstructionprohibition Burton’s Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.


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.

Tuesday 17th April 2012

Posted in Stuffed. on April 17, 2012 by uppyalf

The Mugs are getting popular they will be selling them in The Compton Verney shop next.

Monday 16th April 2012

Posted in Stuffed. on April 16, 2012 by uppyalf

Why are Extraterrestrials  so fixated by bovinae?

The biological subfamily Bovinae includes a diverse group of 10 genera of medium to large sized ungulates, including domestic cattle, the bison, African buffalo, the water buffalo, the yak, and the four-horned and spiral-horned antelopes. The evolutionary relationship between the members of the group is obscure, and their classification into loose tribes rather than formal sub-groups reflects this uncertainty. General characteristics include cloven hoofs and usually at least one of the sexes of a species having true horns.

In most countries, bovids are used for food. Cattle are eaten almost everywhere except in major parts of India and Nepal, where bovids are considered sacred by Hindus.

Extraterrestrial life (from the Latin words: extra [“beyond”, or “not of”] and‎ terrestris [“of or belonging to Earth”]) is defined as life that does not originate from Earth. Referred to as alien life, or simply aliens (or space aliens, to differentiate from other definitions of alien or aliens) these hypothetical forms of life range from simple bacteria-like organisms to beings far more complex than humans.

The development and testing of hypotheses on extraterrestrial life, is known as exobiology or astrobiology; the term astrobiology, however, includes the study of life on Earth, viewed in its astronomical context. Many scientists consider extraterrestrial life to be plausible, but no direct evidence has yet been found.

Clifford spent most of a whole day trying to solve the riddle of why aliens want cows.

He created a special cow with an internal transmitter so that when it was abducted it would send back strong signals to tell him of its location in the universe.

Last week a real cow was abducted from OLD FARTS field and Clifford will place his decoy cow in the same spot sometime next week.

Lily brought a cow home (Snooty) from her trip to Helens. It stood in The Field waiting to be abducted but the aliens did not show.

www.cowabduction.com

Sunday 15th April 2012

Posted in Stuffed. on April 15, 2012 by uppyalf

Three  fighter jets were scrambled after frightened residents including British expats spotted a UFO over the Costa del Sol.

The F18s and a military helicopter skimmed over the holiday hotspots of Marbella and Estepona at 5am.

Witnesses woken by a sonic boom created by the planes reported seeing a “gold, cigar-shaped object”.

James Harnetty, 30, from London, said: “The aircraft were definitely after something. Police said they were baffled too.”

Expat radio host Maurice Boland said: “My grandchildren were crying, the dogs were going mad and lights were going on in houses all over the place.”

Officials declined to comment. But days later two Typhoons broke the sound barrier when they were scrambled amid sightings of a golden “sock-shaped” UFO overSomerset.

A ufo buzzes through the sky in a sighting that has got alien hunters in a spin.

The mystery white object floated into view as a passenger jet soared through the skies over South Korean capital Seoul at the weekend.

A quick-thinking passenger pointed his camera at it, watching as it appeared to change course and climb before shooting off.

The sighting was captured on Saturday and uploaded on YouTube by Crazy breaking news who said: “It looks a little bit strange and not really similar to the other videos.

“If it’s really real and not a fake, it looks like a kind of military drone.”

 

Friday 13th April 2012

Posted in Stuffed. on April 13, 2012 by uppyalf

The pictures above are of us and Ray Thomas in the famous Simpson jacket. When the Simpson’s make you a part of their cartoon they give you a jacket with your name on. People who visit Rays home put the jacket on and have their photographs taken in the jacket.

Today we went to see Rosie and Steve…at Long barn Village.

Bath Time for the pesky Piggs

Thursday 12th April 2012

Posted in Stuffed. on April 12, 2012 by uppyalf

Today our clones made by OLD FART at Compton Verney left the building and returned home for us to see and we took them to The Field.

Terri commented that ALf looked a little like Humpty Dumpty!