| Alabama. Supreme Court - 1908 - 766 страница
...was." This was all the evidence in the case. [Mahan v. Smith.] In ejectment the general rule is that plaintiff must recover, if at all, on the strength of his own, and not the weakness of the title of his adversary. — 3 Mayfield's Dig. p. 119, § 40. The rule seems... | |
| Herbert Broom - 1852 - 616 страница
...nncontroverted maxim of law, that every plaintiff or demandant in a court of justice must recover upon the strength of his own title, and not because of the weakness of that of his adversary ; that is, he shall not recover without showing a right, although the adverse party may be unable to... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1867 - 642 страница
...Court below gave judgment in favor of plaintiffs. JE JSigeloie for plaintiff in error. In ejectment the plaintiff must recover, if at all, on the strength of his own title, and he must show a good legal title in himself, and a present right of possession, or the judgment... | |
| Massachusetts. Supreme Judicial Court - 1864 - 508 страница
...controverted maxim of law, thai every plaintiff or demandant, in a court of justice, must recover upon the strength of his own title, and not because of the weakness of that of his adversary ; that is, he shall not recover without showing a right. although the adverse party may be unable to... | |
| Joseph S. Bosworth, New York (State). Superior Court (New York) - 1864 - 772 страница
...extended over to the leaning wall; and that the de12. In an action to recover possession of lands, the plaintiff must recover, if at all, on the strength of his own title, not merely on the weakness of the defendant's id. TRESPASS. See AGENT, 4. DAMAGES, 7, 8. EVIDENCE,... | |
| Ireland. High Court of Chancery - 1865 - 656 страница
...possession, the onus probandi would be shifted from the plaintiff (who is out of possession, and who must recover, if at all, on the strength of his own title) on the defendants, who are in possession, and who are entitled to hold it until a better possessory... | |
| Nathan Howard (Jr.) - 1867 - 588 страница
...is wider than the deeds under which ho claims describe it to be, by the width of the disputed strip. In such an action the plaintiff must recover, if at all, on the strength of his own title, not on the weakness of the defendant's. (Brady agt. Uennion, 8 Botw. 528.) 3. The words "more or less,"... | |
| Anson Bingham - 1868 - 720 страница
...because either had title, but because no one but the State had. The familiar rule, that in ejectment the plaintiff must recover, if at all, on the strength of his own title and not on the want or weakness of the defendant's title, sufficiently accounts for all the rights... | |
| United States. Supreme Court - 1870 - 854 страница
...for the plaintiffs in error, relied, as respected the first point, on the familiar principles that the plaintiff must recover, if at all, on the strength of his own title, and not on the weakness of the defendant's; and that a recovery must be had secundum allcgala, or not... | |
| Ransom Hebbard Tyler - 1870 - 982 страница
...not subsist in the plaintiff. It seems to be a settled principle of ejectment law in Maryland, that the plaintiff must recover, if at all, on the strength of his own title, and cannot do so because of the weakness of the title of the defendant. The plaintiff must show that... | |
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