...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 ; Jackson...

...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 sheriff's...

...either of them, are bound by said admissions, if any such was made. 2nd. The Court charges you, that a plaintiff in ejectment, must recover upon the strength of his own title, not upon the weakness of his adversary's title. But the Court charges, that a party deriving a title...

...presumption growing out of the defendant's possession, and operate to controvert the plaintiff's title. The plaintiff in ejectment must recover upon the strength of his own title, and the defendant may always controvert it, unless his relation to the plaintiff is such as to estop him....

...title to the grantee ; but he would still be bound to execute a deed to the redeeming creditor. As the plaintiff in ejectment must recover upon the strength of his own title, it makes no difference where the title is, so long as it is out of him. The defendant is always presumed...

...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...

...would be in palpable violation of the well settled doctrine that a plaintiff in ejectment can only recover upon the strength of his own title, and not upon the weakness of his adversary's, to refuse the defendant the privilege of destroying the plaintiff's claim to recovery,...

...of Apalachicola vs. Apalachicola Land Co., 340. 5. The rule that a plaintiff in ejectment must rely upon the strength of his own title, and not upon the weakness of his adversary's title, is not to be understood as requiring that he shall be compelled, in the first...

...presumption? and, 2d, if he can, did the evidence offered tend to prove the fact to be presumed ? 1st. The plaintiff in ejectment must recover upon the strength of his own title, not upon the weakness of his antagonist's. He must prove under the general issue that his own title...

...MOST RECOVER ON THE STRENGTH OF HIS OWN TITLE. 3. A plaintiff in ejectment must recover, if at all, upon the strength of his own title, and not upon the weakness of the defendant's. Marshall et ai v. Barr, 106. SERVICE OF PROCESS. See PROCESS, 2, 3, 4, 5. NEW TRIAL...