 | 1827 - 932 páginas
...was doubtful ; and, therefore, that the lessor of the plaintiff could not recover, as he must rely upon the strength of his own title, and not upon the weakness of that of the defendant : and the Court would not feel inclined to disturb a possession of seventeen... | |
 | Alabama. Supreme Court, Benjamin Faneuil Porter - 1840 - 816 páginas
...HOLY CONCEPTION, IN THE CITY OF MOBILE, VS. THE HE1R9 OF DON MIGUEL ESLAVA. 1. A plaintiff in equity, must recover upon the strength of his own title, and not upon the weakness of that of the defendant. 2. A deed, conveying lots of land in the city of Mobile, during the period the... | |
 | United States. Supreme Court - 1844 - 800 páginas
...considered, unless Pollard's was a <new grant,' since it is an undisputed principle, that the plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversaries. " We have taken this view of the case referred to, with the most profound respect for... | |
 | Arkansas. Supreme Court - 1876 - 738 páginas
...414. But in actions of ejectment and in actions for the recovery of personal property, the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of his adversary, when the title is put in issue. Patterson v. Fowler, 22 Ark., 396 ; J)ixon v.... | |
 | Alabama. Supreme Court - 1893 - 776 páginas
...any title to plaintiff. As in ejectment, or in the corresponding statutory real action, the plaintiff must recover -upon the strength of his own title, and not upon the weakness of defendant's, when no relation exists creating an estoppel of defendant's denial of plaintiff's title,... | |
 | Georgia. Supreme Court - 1882 - 874 páginas
...possession of it from the defendant? In our judgment he did not, inasmuch as the plaintiff was bound to recover upon the strength of his own title, and not upon the weakness of the defendant's title. 2. It was insisted, however, in view of the facts of this case as disclosed... | |
 | Georgia. Supreme Court - 1852 - 664 páginas
...else than the plaintiff. This is also excepted to. It is true, that in ejectment the plaintifl relies upon the strength of his own title, and not upon the weakness of his adversary's. But if, as here, the plaintiff shows a good title — if he produces a grant and a chain of title to... | |
 | Simon Greenleaf - 1854 - 784 páginas
...mortgagee upon the mortgage.' § 331. As the claimant in ejectment, or other real action, can recover only upon the strength of his own title, and not upon the weakness of that of the tenant, the defence will 1 Thunder v. Belcher, 8 East, 449 ; Keech v. Hall, 1 Doug. 21... | |
 | North Carolina. Supreme Court, Hamilton Chamberlain Jones - 1855 - 512 páginas
...the defendant out, and put him in possession of the land sued for; hence the rule, " the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant." Two exceptions are made. 1st. Where the plaintiff's lessor is a purchaser at... | |
 | Henry Jacob Labatt - 1861 - 486 páginas
...plaintiff's action. Hart v. Burnett, 15 Cal. 516. 41. The general rule that, in ejectment, the claimant must recover upon the strength of his own title, and not upon the weakness of his adversary's, and that his action will be defeated if defendant shows title out of him, and in a third party, lias... | |
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new grant.' since it is an undisputed principle, that the plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversaries. 
