 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1883 - 680 pages
...without appraisement, the sale was void, and the appellee has no title to the land. The appellee must recover upon the strength of his own title, and not upon the weakness of the title of the appellants. It was, therefore, for him to show that the sale was legally made. As... | |
 | 1901 - 958 pages
...appear that it is not inconsistent with the acknowledged rule in ejectment that the plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of the defendant. The question is, What presumption arises from the fact of possession of... | |
 | William Henry Malone - 1883 - 824 pages
...these modifications of the rule, it is a fundamental doctrine of ejectment that "the plaintiff must recover upon the strength of his own title, and not upon the weakness or defect of the defendant's title."* As a result of this rule the defendant, when not a mere intruder,... | |
 | 1887 - 956 pages
...the opinion, said: "It is undoubtedly true, as a general rule, that the claimant in ejectment must recover upon the strength of his own title, and not upon the weakness of his adversary's, and that it is a sufficient answer to his action to show title out of him and in a third party. But... | |
 | 1923 - 1220 pages
...question in an action of ejectment is the legal right of possession, and since plaintiff must rely upon the strength of his own title and not upon the weakness of his adversary's, as a general rule defendant in ejectment may, so to speak, fold his arms and await the establishment... | |
 | North Carolina. Supreme Court - 1884 - 738 pages
...without offering any testimony, asked the following instructions: 1. In this action the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant, that is, the plaintiff must satisfy the jury by a preponderance of testimony... | |
 | 1884 - 1088 pages
...sustained by reason of the conversion of personal property, the plaintiff must recover, if at all, upon the strength of his own title, and not upon the weakness of the title of the defendant. Error from Casa county. Beeson & Smith, for plaintiff. MA Hartigan, for... | |
 | 1889 - 1166 pages
...sufficient to give him a title under the statute of limitations. But the plaintiff must recover, if at all, upon the strength of his own title, and not upon the weakness of that of his adversary; and if the deed of 1876 was a mere mortgage it did not give him a title to,... | |
 | 1922 - 1150 pages
...by both counsel that the general rule applies to this case, and that plaintiff must recover on the strength of his own title, and not upon the weakness of his adversaries, and that the equally well known rule also applies that, where no legal title is shown... | |
 | 1886 - 948 pages
...premises, but were tenants in common with some persons unknown. In a writ of entry the demandant must recover upon the strength of his own title, and not upon the weakness of that of the tenant. Not merely the possession, but the title, is in issue, and he can recover only... | |
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... the plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of the defendant. 
