 In ejectment, the plaintiff must recover, if at all, upon the strength of his own title and not upon the weakness of the title of the defendant.  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 66by 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 - 1908Full view - About this book
 | Law reports, digests, etc - 1827 - 932 pages
...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 years, unless... | |
 | Alabama. Supreme Court, Benjamin Faneuil Porter - Law reports, digests, etc - 1840 - 816 pages
...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 Spanish... | |
 | United States. Supreme Court - Law reports, digests, etc - 1844 - 800 pages
...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... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 738 pages
...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. Thatcher, 14 id., 141... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1858 - 764 pages
...title of the appellee; for as we have before shown, the plaintiff, in an ejectment suit, must recover upon the strength of his own title, and not upon the weakness of his adversary's Toa, 1857.] Sweeden vs. The State. title, and that a defendant need not attempt to... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1848 - 918 pages
...enable him to sustain the action ; for the familiar rule requires, that the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of his adversary. Did the plaintiff show such title as would authorize a recovery ? All the conveyances which were offered... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1881 - 768 pages
...the judgment. 5. When plaintiff may recover.— In ejectment, or the corresponding statutory action, the plaintiff must recover, if at all, upon the strength of his own title — mast show iu himself n present right of entry and possession, without regard to the character of... | |
 | Georgia. Supreme Court - Equity - 1882 - 874 pages
...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... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1855 - 850 pages
...decided. Kennedy's Executor v. Doe ex dem. Rochon's Heirs. CHILTON, CJ — As every plaintiff in ejectment must recover, if at all. upon the strength of his own title, our first inquiry will be. whether the heirs of Rochon exhibited such title in the court below as would... | |
 | Georgia. Supreme Court - Equity - 1852 - 664 pages
...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... | |
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