 | Iowa. Supreme Court - 1898 - 888 páginas
...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 páginas
...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 páginas
...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 his own 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,... | |
 | George William Warvelle - 1902 - 696 páginas
...person, even though he may be unable to connect himself with it. So, too, notwithstanding the rule that a plaintiff must recover on the strength of his own title and not on the weakness of that of his adversary, yet where, as in the case of vendor and vendee, the defendant is admitted to... | |
 | Philippines - 1991 - 642 páginas
...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].... | |
 | North Carolina. Supreme Court - 1902 - 858 páginas
...1893, at the date of plaintiff's grant, he got no title; and as the plaintiff had to recover upon the strength of his own title and not on the weakness of the defendant's title, he must fail as to the tract north of the run. Therefore, without changing or modifying anv... | |
 | 1904 - 1060 páginas
...cannot enter on a person actually seized and eject him, and then question his title. 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. But if the plaintiff had actual possession... | |
 | Arizona. Supreme Court - 1904 - 534 páginas
...requires it to contain, and which are therein sufficiently set forth. The rule in ejectment, that the plaintiff must recover on the strength of his own title, and not on the weakness of defendant's, does not apply to possessory actions for mining claims. "Practically, the real question... | |
 | Byron Kosciusko Elliott, William Frederick Elliott - 1905 - 1368 páginas
...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 defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual, prior,... | |
 | 1906 - 2096 páginas
...for Appellant. Eoughton & Reynolds, and MG Cobb, for Respondents. The plaintiff must recover upon the strength of his own title, and not on the weakness of the title of the defendants; that being so, defendants can show title out of plaintiff and in a third party.... | |
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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... 
