| Law reports, digests, etc - 1888 - 1022 pages
...розsession of any parcel of such land." But it is too late now to raise such objection to the act. The general rule that the plaintiff in ejectment must...strength of his own title, and not upon the weakness of his adversary's, and that it is sufficient in defense of such action to show that the title is in a... | |
| Law reports, digests, etc - 1923 - 1220 pages
...United States. The appeal is from the decree so entered. [1] In an ejectment action, the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of his adversary. 9 B, CL 838. [2] When land bordering upon navigable water is granted by a patent of the United States... | |
| Law reports, digests, etc - 1887 - 956 pages
...CJ, in delivering the opinion, said: "It is undoubtedly true, as a general rule, that the claimant in ejectment must recover upon the strength of his own title, and not upon the weakness of his adversary's, and that it is a sufficient answer to his action to show title out of him and in a... | |
| Law reports, digests, etc - 1889 - 1166 pages
...sufficient to give him a title under the statute of limitations. But the plaintiff must recover, if at all, upon the strength of his own title, and not upon the weakness of that of his adversary; and if the deed of 1876 was a mere mortgage it did not give him a title to, or right of possession... | |
| Law reports, digests, etc - 1913 - 1236 pages
...has been held by our Supreme Court that the common-law rule that in actions of ejectment plaintiff must recover upon the strength of his own title, and not upon the weakness of that of defendant, applies to actions brought under the Code sections here considered. Chlvlngton v. Colo.... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1884 - 738 pages
...defendant, without offering any testimony, asked the following instructions: 1. In this action the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant, that is, the plaintiff must satisfy the jury by a preponderance of testimony that he... | |
| Law reports, digests, etc - 1884 - 1042 pages
...further to be observed, that the rule in ejectment, that the plaintiff must recover, if at all, on the strength of his own title, and not upon the weakness of that of his adversary, is held not to apply to possessory actions for mining claims, when neither party has, strictly speaking,... | |
| Law reports, digests, etc - 1884 - 628 pages
...cardinal principle governing actions of this kind is, that the plaintiff must recover, if at all, on the strength of his own title, and not upon the weakness of that of his adversary. The defendant has, in the first instance, nothing whatever to do ; upon his possession he may securely... | |
| Law reports, digests, etc - 1920 - 1148 pages
...fails to show n valid gift inter vivos to John W. Edgar; and that if plaintiff recovers it must be upon the strength of his own title and not upon the weakness of that of the defendants. [1] Whether the purported contract can be legally assigned Is one that can properly... | |
| Law reports, digests, etc - 1915 - 1230 pages
...35 Okl. 145. 128 Рае. 713; Ruby v. Nunn, 37 Okl. 389, 132 Рас. 128. Plaintiff was required to recover upon the strength of his own title, and not upon the weakness of defendant's title. From this view of the case, the court could not have committed any error prejudicial... | |
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