| Louisiana. Supreme Court - 1866 - 572 str.
...determined by wir State laws and jurisdiction. In a pt'titory action the plaintiff must succeed on the strength of his own title, and not on the weakness of the adverse title. But where a party obtained a quit claim by falsely and fraudulently attributing to himself... | |
| Sir Charles Edward Pollock - 1868 - 906 str.
...ejectment between landlord and tenant. In all other cases the plaintiff in ejectment must recover upon the strength of his own title and not on the weakness of the defendant's (u), and he must prove either a title by estoppel or a legal right to actual possession. An equitable... | |
| Ransom Hebbard Tyler - 1870 - 982 str.
...estoppel. (Oarrett v. Lyle, 27 Ala. K. 286. Clark v. Diggs, 6 Iredell's R. 159.) And the rule that the plaintiff must recover on the strength of his own title, and not on the weakness of that of his adversary, cannot be made available by a defendant against a plaintiff whom he has fraudulently... | |
| Charles Edward Pollock - 1870 - 950 str.
...ejectment between landlord and tenant. In all other cases the plaintiff in ejectment must recover upon the strength of his own title and not on the weakness of the defendant's (a), and he must prove either a title by estoppel or a legal right to actual possession. An equitable... | |
| Albert Venn Dicey - 1870 - 582 str.
...for it is a fundamental principle in an action of ejectment that the plaintiff must succeed on the strength of his own title, and not on the weakness of the defendant's. Hence ejectment raises the question of the plaintiff's title, but the action itself is, it must be... | |
| Georgia. Supreme Court - 1872 - 790 str.
...deed to Harkness was duly recorded in twelve months, in which event plaintiff is entitled to recover. Plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, for it is immaterial what the character of defendant's title is ; he being in possession, cannot be... | |
| New York (State). Court of Appeals, Hiram Edward Sickels - 1873 - 780 str.
...claim of title, he is not required to prove the validity of his lease from the city of Brooklyn ; the plaintiff must recover on the strength of his own title, and not on the weakness of that of the defendant. The subsequent acquisition of title by Andrews, as administrator, does not deprive... | |
| Thomas Foster Withrow, Edward Holcomb Stiles - 1874 - 616 str.
...ejectment against such vendee. Baldwin v. Low, 23 Iowa, 367. II. BIGHT AND EXTENT OP RECOVERY. 10. The plaintiff must recover on the strength of his own title and not on the weakness of his adversary's. Armstrong \. Pierson, 4 Q. Gr. 45 ; Reed v. Wright, 2 Ibid. 215 ; Huntiiigton, Wadsusorth... | |
| United States. Supreme Court - 1866 - 834 str.
...respected the first point, on the familiar principles that the plaintiff must recover, if at all, on the strength of his own title, and not on the weakness of the defendant's ; and that a recovery must be had sccundum allegata, or not at all : arguing, from the last position,... | |
| Sir Arthur Underhill - 1878 - 370 str.
...and therefore it is an elementary principle, that — RULE 43. — The claimant must recoYer on the strength of his own title, and not on the weakness of the defendant's (Martin v. Straehan, 5 TR 107). Thus mere possession isprimd faeie evidence of title, until the claimant... | |
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