It is quite true that generally in ejectment or actions for the possession of real property the plaintiff must recover, if at all, upon the strength of his own title, and not upon the weakness of that of his adversary. The Southern Reporter - Page 2061906Full view - About this book
| 1827 - 932 pages
...was 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... | |
| Alabama. Supreme Court, Benjamin Faneuil Porter - 1840 - 816 pages
...CONCEPTION, IN THE CITY OF MOBILE, VS. THE HE1R9 OF DON MIGUEL ESLAVA. 1. A plaintiff in equity, must recover upon the strength of his own title, and not upon the weakness of that of the defendant. 2. A deed, conveying lots of land in the city of Mobile, during the period the... | |
| United States. Supreme Court - 1844 - 800 pages
...unless Pollard's was a <new grant,' since it is an undisputed principle, that the plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversaries. " We have taken this view of the case referred to, with the most profound respect... | |
| Arkansas. Supreme Court - 1858 - 764 pages
...title of the appellee; for as we have before shown, the plaintiff, in an ejectment suit, must recover upon the strength of his own title, and not upon the weakness of his adversary's Toa, 1857.] Sweeden vs. The State. title, and that a defendant need not attempt to... | |
| Arkansas. Supreme Court - 1876 - 738 pages
...actions of 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.... | |
| Alabama. Supreme Court - 1881 - 768 pages
...the judgment. 5. When plaintiff may recover. In ejectment, or the corresponding statutory action, the plaintiff must recover, if at all, upon the strength of his own title mast show iu himself n present right of entry and possession, without regard to the character of... | |
| Georgia. Supreme Court - 1882 - 874 pages
...of it from the defendant? In our judgment he did not, inasmuch as the plaintiff was bound to recover upon the strength of his own title, and not upon the weakness of the defendant's title. 2. It was insisted, however, in view of the facts of this case as disclosed in the... | |
| Alabama. Supreme Court - 1855 - 850 pages
...decided. Kennedy's Executor v. Doe ex dem. Rochon's Heirs. CHILTON, CJ As every plaintiff in ejectment must recover, if at all. upon the strength of his own title, our first inquiry will be. whether the heirs of Rochon exhibited such title in the court below as would... | |
| Georgia. Supreme Court - 1852 - 666 pages
...else than the plaintiff. This is also excepted to. It is true, that in ejectment the plaintifl relies upon the strength of his own title, and not upon the weakness of his adversary's. But if, as here, the plaintiff shows a good title if he produces a grant and a... | |
| 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 - 1895 - 792 pages
...A. CALDWELL. Replevin Right of posxesxion Log lien Judgment. 1. In an action of replevin, the plaintiff must recover, if at all, upon the strength of his o\vn title or right of possession. ' See Farrah r. Bursley, post. 2. No right of possession attaches... | |
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