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" Would the owner of the property, in an action of ejectment brought by the adverse party, founded upon the deed, be required to offer evidence to defeat a recovery? If such proof would be necessary, the cloud would exist ; if the proof would be unnecessary,... "
The Southern Reporter - Σελίδα 299
1891
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Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 101

Alabama. Supreme Court - 1895 - 894 σελίδες
...owner of the property, in an action of ejectment brought by the adverse party, founded upon the deed, be required to offer evidence to defeat a recovery?...shade would be cast by the presence of the deed." In this case, if complainant were sued by the city for this land in an action of ejectment, founded...

Cases Argued and Adjudged in the Supreme Court of Florida, Τόμος 19

Florida. Supreme Court - 1887 - 970 σελίδες
...is whether in an action of ejectment brought by the grantee founded upon such deed, the owner would be required to offer evidence to defeat a recovery....such proof would be necessary the cloud would exist, and if such proof would not be necessary no shade would be cast upon the title by the deed. If the...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 119

Alabama. Supreme Court - 1899 - 832 σελίδες
...owner of the property, in an action of ejectment brought by the adverse party, founded upon the deed, be required to offer evidence to defeat a recovery? If such proof [Parker v. Boutwell & Son.] would be necessary, the cloud would exist; if the proof would be uu necessary,...

A Digest of the Decisions of the Supreme Court of the State of ..., Τόμος 1

Henry Jacob Labatt - 1861 - 1182 σελίδες
...owner of the property in an action of ejectment brought by the adverse party, founded upon the deed, be required to offer evidence to defeat a recovery?...such proof would be necessary, the cloud would exist; otherwise, not. Ib. 85. Every deed from the same source through which plaintiff derives his real property...

The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 756 σελίδες
...owner of the property, in an action of ejectment brought by the adverse party, founded upon the deed, be required to offer evidence to defeat a recovery...such proof would be necessary, the cloud would exist ; otherwise, not. id. 14. Л complaint alleging that plaintiffs had, for a long time, conveyed water...

The Code of Civil Procedure of the State of California, Τόμος 1

California - 1872 - 892 σελίδες
...owner of the property, in an action of ejectment brought by the adverse party, founded upon the deed, be required to offer evidence to defeat a recovery? If such proof would be necessary the cloud would exiH; otherwise, not.— Pixley vs. Huggins, If) Cal., p. 128. If it is adjudged that the defendant...

The American Law Times Reports, Τόμος 1

1874 - 778 σελίδες
...ejectment, brought by the adverse party, founded on the deed, be required to offer evidence to defeat the recovery ? If such proof would be necessary, the cloud would exist ; if no proof would be necessary, no shade would be cast by the presence of the deed." Pixley v. Huggins,...

Reports of Cases Decided in the Circuit and District Courts of the ..., Τόμος 2

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1875 - 786 σελίδες
...ejectment, brought by the adverse party, founded on the deed, be required to offer evidence to defeat the recovery? If such proof would be necessary the cloud would exist: if no proof would be necessary no shade would be cast by the presence of the deed." (PLrley v. Huggina,...

Cases Argued and Adjudged in the Supreme Court of Florida, Τόμος 15

Florida. Supreme Court - 1876 - 806 σελίδες
...owner of the property, in an action of ejectment brought by the adverse party founded upon the deed, be required to offer evidence to defeat a recovery?...arise for the equitable interposition of the court, as in the case of a deed void upon its face, or which was the result of proceedings void upon their...

Reports of Cases Argued and Determined in the Supreme Court of the Territory ...

Dakota Territory. Supreme Court, Granville Gaylord Bennett, Ellison Griffith Smith, Robert B. Tripp - 1882 - 582 σελίδες
...owner of the property in an action of ejectment brought by the adverse party, founded upon the deed, be required to offer evidence to defeat a recovery...such proof would be necessary the cloud would exist." Apply this test to the case at bar and the question before us is decided at once. The defendant, with...




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