| Law reports, digests, etc - 1827 - 932 pages
...doubtful ; and, therefore, that the lessor of the plaintiff could not recover, as he must rely upon the strength of his own title, and not upon the weakness of that of the defendant : and the Court would not feel inclined to disturb a possession of seventeen years, unless the case were... | |
| Alabama. Supreme Court, Benjamin Faneuil Porter - Law reports, digests, etc - 1840 - 816 pages
...are denied the benefit of a full defence. — ib. 513 17. A plaintiffin equity, must recover upon the strength of his own title, and not upon the weakness of that of defendant. — Joutlnitn Jlntonea el al., Trustees of Ike Church of the Holy Conception, in the City... | |
| Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 738 pages
...ejectment and in actions for the recovery of personal property, the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of his adversary, when the title is put in issue. Patterson v. Fowler, 22 Ark., 396 ; J)ixon v. Thatcher,... | |
| 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 - Law reports, digests, etc - 1867 - 642 pages
...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... | |
| Simon Greenleaf - Evidence (Law) - 1854 - 784 pages
...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 v.... | |
| Joseph S. Bosworth, New York (State). Superior Court (New York) - Law reports, digests, etc - 1864 - 772 pages
...PRACTICE — Appeal, 14, 17. EJECTMENT. 1. In an action to recover possession of lands, the plaintiff must recover, if at all, on the strength of his own title, not merely on the weakness of the defendant's. Brady v. Uennvm, 528 ESTOPPEL. 1. Admissions by a party... | |
| Ireland. High Court of Chancery - Law reports, digests, etc - 1865 - 656 pages
...possession, the onus probandi would be shifted from the plaintiff (who is out of possession, and who must recover, if at all, on the strength of his own title) on the defendants, who are in possession, and who are entitled to hold it until a better possessory... | |
| Nathan Howard (Jr.) - Civil procedure - 1867 - 588 pages
...which ho claims describe it to be, by the width of the disputed strip. In such an action the plaintiff must recover, if at all, on the strength of his own title, not on the weakness of the defendant's. (Brady agt. Uennion, 8 Botw. 528.) 3. The words "more or less,"... | |
| Anson Bingham - Estates (Law) - 1868 - 720 pages
...had title, but because no one but the State had. The familiar rule, that in ejectment the plaintiff must recover, if at all, on the strength of his own title and not on the want or weakness of the defendant's title, sufficiently accounts for all the rights... | |
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