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 - Página 2111902Vista completa - Acerca de este libro
| Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1820 - 610 páginas
...time of application for a warrant. Lane v. Reynard. 65 6. In ejectment a plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's. But a defendant cannot avail himself of this rule against a pl.iintiff "whom he has fraudulently induced... | |
| John Adams - 1821 - 474 páginas
...against the purchaser. Jackson v. Bush, 10 Johns. 223. The rule that a plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, does not apply against a plaintiff who was fraudulently induced by the defendant to purchase a weak... | |
| Henry Roscoe - 1825 - 838 páginas
...Plaintiff must recover on the strength of his own title. The claimant in ejectment must recover on the strength of his own title, and not on the weakness of the defendants, for the possession of the latter gives him a right against every one •who cannot establish... | |
| Henry Roscoe - 1831 - 788 páginas
...case. Doe v. Lamble, 1 if. and if. 237. Proof of a efficient title.'] The plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's. Martin v. Struck/in, 5 TR 107 (n). Twenty years adverse possession, since the statute of limitations,... | |
| Pennsylvania. Supreme Court, Frederick Watts, Henry Jonathan Sergeant - 1842 - 614 páginas
...the defendant himself, or some other person. It is true, a plaintiff in ejectment must recover on the strength of his own title, and not on the weakness of the defendant's. It is all important that neither of us should be carried away by the appeals of counsel, or sympathy... | |
| Alabama. Supreme Court - 1856 - 792 páginas
...strength of his own tiile. — Although, in equity, as well as at law, a plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's ; yet it is not necessary that he should show a good title against all the world, but it is enough... | |
| Alabama. Supreme Court - 1908 - 766 páginas
...was." This was all the evidence in the case. [Mahan v. Smith.] In ejectment the general rule is that plaintiff must recover, if at all, on the strength of his own, and not the weakness of the title of his adversary. — 3 Mayfield's Dig. p. 119, § 40. The rule seems... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1867 - 642 páginas
...rested. The Court below gave judgment in favor of plaintiffs. JE JSigeloie for plaintiff in error. In ejectment the plaintiff must recover, if at all, on the strength of his own title, and he must show a good legal title in himself, and a present right of possession, or the judgment... | |
| United States. Supreme Court - 1853 - 672 páginas
...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 defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession... | |
| John Adams - 1854 - 734 páginas
...the court ; Colston v. M' Kay, 1 Marsh. (Ky.) Rep. 251. In ejectment, a plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's. But a defendant cannot avail himself of this rule against a plaintiff whom he has fraudulently induced... | |
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