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... Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 177by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1886Full view - About this book
| John Adams - Ejectment - 1821 - 474 pages
...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 - Actions and defenses - 1825 - 838 pages
...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 - Evidence (Law) - 1831 - 788 pages
...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,... | |
| Alabama. Supreme Court - Law reports, digests, etc - 1856 - 792 pages
...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... | |
| United States. Supreme Court - Law reports, digests, etc - 1853 - 672 pages
...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 - Ejectment - 1854 - 734 pages
...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... | |
| Florida. Supreme Court - Law reports, digests, etc - 1855 - 834 pages
...either in the defendant himself or in some other person. 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... | |
| Alexander James - Law reports, digests, etc - 1855 - 490 pages
...from a party whom he by his action admits to be in possession of the whole. He must recover on the strength of his own title, and not on the weakness of the defendant's. — And his case is not strengthened by the fact that he is taking advantage of defendant's neglect... | |
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