| Hobart Amory Hare, Walter Chrystie - Therapeutics - 1912 - 724 pages
...204 111., 132. But many cases hold that in a suit to quiet title, the plaintiff must recover on the strength of his own title, and not on the weakness of his adversary's. Land Co. v. Bigelow, 77 Ark., 338; Guarantee Co. v. Delta Co., 104 Fed., 5 ; Krotz v. Lumber Co., 34... | |
| Law reports, digests, etc - 1913 - 1236 pages
...indefensible theory of the law, and that plaintiff has no title, It being the rul<> in this class of cases that a plaintiff must recover upon the strength of his own title. It follows that the case will be remanded and dismissed. Whatever the rights of the defendants may... | |
| Law reports, digests, etc - 1914 - 1060 pages
...widow's marriage to C. in a subsequent petitory action by two other children, since in such an action plaintiff must recover upon the strength of his own...title, and not on the weakness of his adversary's, and the grantees were therefore not denying the title of their grantor but simply ignoring it as having... | |
| Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1914 - 814 pages
...Va. App. 46. 3. The general rule is that the plaintiff in an action of ejectment must recover solely upon the strength of his own title, and not on the weakness of that of the defendant, and the plaintiff's title must be a legal title — either a grant from the... | |
| Edson Read Sunderland - Pleading - 1914 - 860 pages
...difference, for it is a settled doctrine that the lessor of the plaintiff in ejectment must recover on the strength of his own title, and not on the weakness of his adversary 's.35 The judgment must be affirmed, with costs. 35. Possession is prima facie evidence of... | |
| Law reports, digests, etc - 1915 - 1062 pages
...02-05 ; Dec. Dig. @=43.] 3. EJECTMENT <§=9— TITLE— RIGHT то RECO VEE. The plaintiff in ejectment must recover upon the strength of his own title, and not on the weakness of his adversary's title. [Ed. Note.— For other cases, see Ejectment, Cent. Dig. §§ 16-29; Dec. Dig. ®=»9.] Error... | |
| Association of American Law Schools. Meeting - Law - 1923 - 720 pages
...standpoint of the general public interest. 2. The rule that in ejectment the plaintiff must recover on the strength of his own title, and not on the weakness of his adversary's title. 3. In the light of our further experience, what Is the most desirable arrangement of topics... | |
| United States. Bureau of Mines - Mines and mineral resources - 1915 - 948 pages
...— PROOF, a. RIGHT TO RECOVER — PROOF OP TITLE — BURDEN. An adverse claimant must recover on the strength of his own title and not on the weakness of his adversary's. Gwillim v. Donnellan, 115 US 45, p. 50. Hitter, In re, 37 LD 715, p. 716. Keppler v. Becker, 9 Ariz.... | |
| Peter V. Ross - Law reports, digests, etc - 1915 - 1332 pages
...surveyor-general as to the amount of work required before patent could be obtained. He must recover on the strength of his own title, and not on the weakness of his adversary. — Allyn v. Schultz, 5 Ariz. 152, 48 Pac. 960. Section 2326 of the Revised Statutes of... | |
| Fred P. Caldwell - Law - 1916 - 1250 pages
...MUST RECOVER ON THE STRENGTH OF HIS OWN TITLE.— The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of his adversary's, applies only to actions for the recovery of land. If the plaintiff has actual prior possession of the... | |
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