 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
 | J. C. Wells, Edward Warren Hines, Frank L. Wells, Horace C. Brannin, William Cromwell, William Jefferson Chinn, Walter G. Chapman, William Pope Duvall Bush, Finlay Ferguson Bush, R. G. Higdon, Thomas Robert.. McBeath - 1893 - 1014 pages
...grant, and, therefore, he is entitled to recover. It is well settled that on the trial of an ejectment the plaintiff •must recover on the strength of his own title, and not on the defects in the claim of his adversary. These appellees were in possession of this land and the burden... | |
 | Benjamin Jonson Shipman - 1895 - 654 pages
...by ejectment, except as herein otherwise expressly provided." Id. art. 4785. »»« AB in ejectment, the plaintiff must recover on the strength of his...title, and not on the weakness of the defendant's; and he must rely on his title as it existed at the commencement of the action. Collins v. Badlow, 72... | |
 | George Lemon Phillips - 1896 - 664 pages
...estate, and he must have a present right of entry. A mere equitable interest will not support the action. The plaintiff must recover on the strength of his own title, and not on the insufficiency of his adversary's title. The general issue in ejectment is, not guilty ; and this, by... | |
 | Robert Campbell - 1896 - 964 pages
...so much relied on in the Court below, that a plaintiff in ejectment must succeed, if at all, on the strength of his own title, and not on the weakness of the title of the defendant in possession, or, in other words, that the plaintiff must prove his title before... | |
 | Daniel Moreau Barringer, John Stokes Adams - 1897 - 1028 pages
...recover in ejectment. The strictly legal title being in the government is not involved. The doctrine that plaintiff must recover on the strength of his own title, and not on the weakness of his adversary's, does not apply. Strepey v. Stark, 7, 614 (1884). The rule in ejectment that plaintiff... | |
 | 1898 - 1252 pages
...in fact claiming such land under that deed. This would make his title good. The court's charge that plaintiff must recover on the strength of his own title, and not on the weakness of the title of defendant, was correct. If defendant had no title, and plaintiff had none, the latter could... | |
 | Iowa. Supreme Court - 1898 - 888 pages
...sale may be enjoined, and this was all the relief given by the decree below. Defendants insist that plaintiff must recover on the strength of his own title, and not on the weakness of defendants' claim. This undoubtedly is the rule in actions for the recovery of real property, but this... | |
 | 1893 - 1282 pages
...grant, and therefore he Is entitled to recover. It Is well settled that on the trial of an ejectment the plaintiff must recover on the strength of his own title, and not on the Jefects in the claim of his adversary. These appellees were in possession of this land, und the burden... | |
 | Emory Washburn, John Wurts - 1902 - 758 pages
...sued in ejectment by his co-tenant. This works what may seem an apparent exception to the general rule that the plaintiff must recover on the strength of...title and not on the weakness of the defendant's, — a rule which, in other «. Smith, 8 Ellis & B. 1 ; Erwin ». Olmsted, 7 Cow. 229 ; McGill v. Ash,... | |
 | Philippines - 1991 - 642 pages
...perfect legal or equitable title regardless of whether defendants' title is valid or invalid, since plaintiff must recover on the strength of his own title and not on the weakness of his adversary's. [Harris-Woodsburg Lumber C. v. Caffin, 179 Fed. 257; Strauss v. Woefel 75 Ind. 543].... | |
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