 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 Southeastern Reporter - Page 3311904Full view - About this book
 | Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1820 - 610 pages
...be residing on land at the 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 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 purchase a weak... | |
 | South Carolina. Constitutional Court of Appeals - 1823 - 512 pages
...chain of 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 - 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 - 1831 - 788 pages
...entry, 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...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, Benjamin Faneuil Porter - 1836 - 602 pages
...This 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,... | |
 | Pennsylvania. Supreme Court, Frederick Watts, Henry Jonathan Sergeant - 1842 - 614 pages
...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 - 788 pages
...jurisdiction ; and made these additional points : 1. That it is the settled rule in equity, as at law, that the plaintiff must recover on the strength of...title, and not on the weakness of the defendant's title. — Antonez v. Eslava, 9 Port. 537; Pickens v. Harper, 1 Sm. & Mar. Ch. 539. 2. That the defendants... | |
 | Georgia. Supreme Court - 1852 - 664 pages
...one. If there was no such person, his title is without foundation ; still, as has been already stated, the plaintiff must recover on the strength of his own title and not on the weakness of his adversary's. The person in possession has the right to hold against the whole world, except against... | |
 | United States. Supreme Court - 1853 - 672 pages
...actually seised, 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...recovery of property. But if the plaintiff had actual prior possession of the . land, this is strong enough to enable him to- recover it from a mere trespasser,... | |
| |
