 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...  The Pacific Reporter - Page 2891913Full view - About this book
 | United States. Supreme Court, William Cranch - Law reports, digests, etc - 1812 - 516 pages
...certainty of the complainants' entry. Pursuing the principle that a plaintiff must recover upon the strength of his own title, and not on the weakness of his adversary's, the defendant has not entered into any discussion relative to the sufficiency of his claim to the land... | |
 | New Jersey. Supreme Court - Law reports, digests, etc - 1839 - 658 pages
...the widow of Ward Wilson the mortgagor. And the argument is, that the plaintiff must recover upon the strength of his own title and not on the weakness of his adversary's. But I do not see the application of this rule to the present case. The plaintiff makes out aprima fade... | |
 | John Adams - Ejectment - 1821 - 474 pages
...up a title in a third person 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... | |
 | United States. Supreme Court - Courts - 1822 - 666 pages
...It has been long and well established as a rule of law and equity,1 that a party must recover on the strength of his own title, and not on the weakness of his adversary's title. In order to uphold and support an entry, 'it is incumbent on the party claiming under it, to... | |
 | South Carolina. Constitutional Court of Appeals - Law reports, digests, etc - 1823 - 512 pages
...title. It would be reversing the long established, and universally prevailing, rule of law, that the plaintiff must recover on the strength of his own title, and not on the weakness of that of his adversary. I am sensible of the difficulty which will accrue to purchasers, at sheriff's... | |
 | Henry Roscoe - Evidence (Law) - 1831 - 788 pages
...and ouster, as part of his 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... | |
 | Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1832 - 558 pages
...estate to the plaintiff in his own right, and ii cannot support his action; he must recover on the strength of his own title, and not on the weakness of his adversary's, * and his title must be a legal title, and not only a legal title, but he must establish a right in himself,... | |
 | Jacob D. Wheeler - Common law - 1835 - 620 pages
...another's title, he shall not be permitted to do it. That the plaintiff, in ejectment, must recover on the strength of his own title, and not on the weakness of his adversaries, is undoubtedly true in general. But in a case like the present, he would recover, not... | |
 | Alabama. Supreme Court, Benjamin Faneuil Porter - Law reports, digests, etc - 1836 - 602 pages
...action is in the nature of an action of ejectment. In that action it is a well known principle, that the plaintiff must recover on the strength of his own title, and not on the weakness of that of his adversary. This principle applies here. The plaintiff must show a clear chain of title,... | |
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