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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. "
Annals of Iowa - Страница 25
под редакцията на - 1907
Пълен достъп - Информация за книгата

A Practical Treatise on Pleading and on the Parties to Actions and ..., Том 1

Joseph Chitty - 1809 - 550 страници
...party has merely a license to use land, Scc.Cg-) . The general rule governing this action is, that the plaintiff must recover upon the strength of his own title, and cannot of course, in general, found his claim upon the insufficiency of the (f) For what an ejectment...

Reports of Cases Argued and Determined in the Supreme Court And, at ..., Том 16

New Jersey. Supreme Court - 1839 - 658 страници
...Joseph Wilson, for her dower, as the widow of Ward Wilson the mortgagor. And the argument is, that the plaintiff must recover upon the strength of his own title and not on the weakness of his adversary's. But I do not see the application of this rule to the present...

The Practice of the Law in All Its Departments: With a View of Rights ..., Том 1

Joseph Chitty - 1833 - 1020 страници
...respect to the Title, it should HTY. seem that the modern practice narrows the maxim, that the lessor of the plaintiff must recover upon the strength of his own title, and not on the weakness of that of his adversary, for (at least prima facie) mere proof of priority of...

A Digest of the Laws of England Respecting Real Property, Том 1

William Cruise - 1835 - 502 страници
...a bar in ejectment. 3 Burr. 1901. Cowp. 46. Doug. 721. 36. It is a rule of law that in an ejectment the plaintiff must recover upon the strength of his own title; and cannot found his claim on the weakness of that of the defendant; for possession has given the defendant...

A Treatise on the Parties to Actions, and on Pleading: With Second ..., Том 1

Joseph Chitty, Thomas Chitty - 1837 - 860 страници
...merely a license to use land, &c. (.r). The general rule governing this action is, that the lessor of the plaintiff must recover upon the strength of his own title, and of course he cannot in general found his claim upon the insufficiency of the defendant's (y) 457) ;...

Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Том 1

Louisiana. Supreme Court, Merritt M. Robinson - 1842 - 704 страници
...corporation. The parish judge was correct in considering this as in some degree a petitory action, in which the plaintiff must recover upon the strength of his own title, and not by the weakness of his adversary's. As against the Second Municipality the actron is essentially...

Reports of Cases Argued and Adjudged in the Supreme ..., Том 2; Том 43

United States. Supreme Court - 1844 - 800 страници
...unimportant to be considered, 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...

Reports of Cases at Law and in Equity Argued and Determined in the ..., Том 29

Arkansas. Supreme Court - 1876 - 738 страници
...al, 16 Ark., 414. But in 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,...

Reports of Cases Argued and Determined in the Supreme Court of ..., Том 4

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 - 1854 - 738 страници
...be done by the seller before the article sold can be identified. In trover, upon the general issue, the plaintiff must recover upon the strength of his own title and right of possession, and not on the want of title of his adversary. Saturday, May 28. ERROR to the...

Institutes of American Law, Том 4

John Bouvier - 1854 - 756 страници
...administrator, or assignee of a bankrupt or insolvent,(c) or as mortgagee. (d) It is a general rule that the plaintiff must recover upon the strength of his own title, and he cannot in general found his claim on the weakness of that of his adversary, for possession gives...




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