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" 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. "
The Northeastern Reporter - Σελίδα 418
1904
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Colorado Reports: 1891/1892, Τόμος 17

Colorado. Supreme Court - 1893 - 716 σελίδες
...them. His reliance is based upon the proposition that a plaintiff in ejectment must recover upon the strength of his own title, and not upon the weakness of his adversary's title. His position is that Howell though having only a naked possession of the land cannot be ousted...

Reports of Cases in the Supreme Court of Nebraska, Τόμος 37

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1894 - 1038 σελίδες
...836 37 Kfl 43 402 I1TM6 '»49 104 Aullmaii T. Martin. In replevin the plaintiff must recover on the strength of his own title and not upon the weakness of his adversary's. (Cobbey, Replevin, 99, and cases cited.) If, therefore, any of the plaintiffs failed to establish his...

A Treatise on the Principles of Pleading in Civil Actions: Comprising a ...

Henry John Stephen - 1894 - 634 σελίδες
...Jones v. Billstein, 28 Wis. 227 ; Page v. Tucker, 54 Cal. 121. The plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversary's. Love v. Simms, 22 US 515; Clarke v. Diggs, 28 NC 159, 44 Am. Dec. 73; Nelson v. Triplett, 81 Va. 23S;...

The American State Reports: Containing the Cases of General Value ..., Τόμος 50

Abraham Clark Freeman - 1896 - 1018 σελίδες
...owner, or that defendants may be in its wrongful possession. Plaintiff must recover, if at all, npon the strength of his own title, and not upon the weakness of his adversary's. We will not undertake to say to whom the land in question helongs. It is sufficient to a determination...

Reports of Cases Heard and Determined in the Appellate Division ..., Τόμος 100

New York (State). Supreme Court. Appellate Division - 1905 - 820 σελίδες
...for the trial court to determine; That the plaintiff in an action of ejectment must recover upon the strength of his own title and not upon the weakness of his adversary's title. APPEAL by the plaintiff, Joseph E. White, from a judgment of the Supreme Court in favor of the...

The American State Reports: Containing the Cases of General Value ..., Τόμος 48

Abraham Clark Freeman - 1896 - 1066 σελίδες
...an action of trover, which is a possessory action, the plaintiff 561 must recover upon the ttrengtb of his own title and not upon the weakness of his adversary's title; and he must show not only a torlious '-(inversion of the personal property by the defendant,...

The Law of Mines and Mining in the United States, Τόμος 1

Daniel Moreau Barringer, John Stokes Adams - 1897 - 1028 σελίδες
...modifications, of equally general recognition. The rule that the plaintiff in ejectment must recover upon the strength of his own title, and not upon the weakness of his adversary's, has been to an extent qualified and limited by reason of the character and nature of the title of the...

The New York Supplement, Τόμος 20

1898 - 1130 σελίδες
...construction and effect of the statute are obvious. He must recover in all cases, if at all, on the strength of his own title, and not upon the weakness of his adversary's. It is not incumbent on the defendant to show any title. Where plaintiff shows no title, and is therefore...

A Treatise on the Law of Evidence: Civil trial evidence; particular actions ...

Byron Kosciusko Elliott, William Frederick Elliott - 1905 - 1368 σελίδες
...Court of Florida has said : "A familiar rule in ejectment is, that the plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversary's title. It must be observed, however, that this rule does not require a plaintiff to exhibit a perfect...

Lawyers' Reports Annotated, Βιβλίο 19

1905 - 1032 σελίδες
...2 Ves. & В. 218; Cheamn v. Walker, LR 5 Ch. Div. 850. Plaintiff must prevail, If at all, upon the strength of his own title and not upon the weakness of his adversaries. O'Rourke v. Central City Soap Co. 26 Fed. Rpp. 578. If a name or symbol has ever been...




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