 But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the...  Atlantic Reporter - Страница 2111902Пуни преглед - О овој књизи
 | Ransom Hebbard Tyler - 1876 - 992 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 o^n title, and cannot do so because of the weakness of the title of the defendant. The plaintiff must... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1908 - 604 страница
...EIGHT OF ACTION — TITLE TO SUSTAIN. — In ejectment or other action for possession of real property, plaintiff must recover, if at all, on the strength of his own title, and not on the weakness of that of his adversary. • 2. SAME — EVIDENCE — PRIMA FACIE CASE. — Where, in a suit to recover... | |
 | William Wait - 1878 - 1000 страница
...Plaintiff must recover upon his title. It is a universal rule that the party claiming a right to lands must recover, if at all, on the strength of his own title, and not on the defects in that of his adversary. Adams on Eject. 30 ; Wallace v. Swinton, 64 N". Y. (19 Sick.) 188... | |
 | Sir Arthur Underhill - 1878 - 370 страница
...and therefore it is an elementary principle, that — RULE 43. — The claimant must recoYer on the strength of his own title, and not on the weakness of the defendant's (Martin v. Straehan, 5 TR 107). Thus mere possession isprimd faeie evidence of title, until the claimant... | |
 | Charles Louque - 1878 - 852 страница
...from the same common source as himself; but in such a contest he must recover the possession on the strength of his own title, and not on the weakness of the lessor's, as shown by the evidence, in a case to which the lessor is no party. 15 A. 454, young v.... | |
 | Albert Venn Dicey, John Henry Truman - 1879 - 586 страница
...it is a fundamental principle in an [486] action of ejectment that the plaintiff must succeed on the strength of his own title, and not on the weakness of the defendant's. Hence ejectment raises the question of the plaintiff's title, but the action itself is, it must be... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1880 - 654 страница
...tax deeds were not proper parties to the proceeding to forclose; but that, having been made parties, the plaintiff must recover, if at all, on the strength of his own title, and not upon the weakness of the defendant's title. 3. That the statute of limitations is one of repose,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1881 - 684 страница
...SHOOK ET AL. i " REAL ESTATE, ACTION TO RECOVER.—Title.—In actions for the recovery of real estate, the plaintiff must recover, if at all, on the strength of his own title. EVIDENCE.—Sheriff's Sale.—Proof Necessary in Action against Party other than Execution Defendant.—In... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1881 - 694 страница
...Title. — Possession of Grantor. — In an action to recover real estate, the plaintiff recovers on the strength of his own title, and not on the weakness of the defendant's title, and he mast trace his title to the United States, or to a grantor in possession. From the Tippecanoe... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1881 - 664 страница
...recover it from Darcy, a mere trespasser, who entered without any title. The plaintiff recovers on the strength of his own title and not on the weakness of the defendant's title, which is a rule applicable to all actions for the recovery of property (Christy v. Scott, 14 How. US... | |
| |
