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" 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 Adjudged in the Supreme Court of Pennsylvania - Strana 571
autor/autoři: Pennsylvania. Supreme Court, Thomas Sergeant, William Rawle - 1820
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Svazek 44

Missouri. Courts of Appeals - 1891
...406. 2. PLAINTIFF'S, RIGHT OP RECOVERY.— A plaintiff in an action of replevin must recover upon the strength of his own title, and not on the weakness of the title of the defendant. Kennedy v. Dodson, 550, RES ADJUDICATA. EJECTMENT. — A judgment for the plaintiff...
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Law of Real Property: Being a Complete Compendium of Real Estate ..., Svazek 1

Emerson E. Ballard, Tilghman Ethan Ballard - 1892
...on an equitable title. Dodge v. Spiers, 85 Ga. 585. The plaintiff in ejectment must recover on the strength of his own title and not on the weakness of the defendant's title. Buck v. Gage, 27 Neb. 306 (43 NW Rep. 110). Plaintiff must have both title and right to possession,...
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The Weekly Reporter: Appellate High Court, Svazek 14

David Sutherland - 1892
...stating that the plaintiff was bound to prove his tille and possession, and ought to succeed on the strength of his own title, and not on the weakness of the defendant's. The Moonsiff, therefore, dismissed the plaintiff's suit. On the facts, also, the Moonsiff appears to...
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Reports of Cases Decided in the Supreme Court of the State of ..., Svazek 15

South Dakota. Supreme Court - 1902
...-CORSON, J. the questiqn of plaintiffs' right to recover upon prior possession, says : "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." And that court, in its opinion, quotes...
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The Kentucky Law Reporter, Svazek 14

Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1893
...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...
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Hand-book of Common-law Pleading

Benjamin Jonson Shipman - 1895 - 601 str.
...ejectment, except as herein otherwise expressly provided." Id. art. 4785. »»« AB in ejectment, the plaintiff must recover on the strength of his own 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...
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An Exposition of the Principles of Pleading Under the Codes of Civil Procedure

George Lemon Phillips - 1896 - 604 str.
...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...
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Ruling Cases, Svazek 9

Robert Campbell - 1896
...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...
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The Law of Mines and Mining in the United States, Svazek 1

Daniel Moreau Barringer, John Stokes Adams - 1897
...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...
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The South Western Reporter, Svazek 45

1898
...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...
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