 | Joseph Chitty - 1809 - 550 pages
...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... | |
 | New Jersey. Supreme Court - 1839 - 658 pages
...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... | |
 | Joseph Chitty - 1833 - 1020 pages
...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... | |
 | William Cruise - 1835 - 502 pages
...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... | |
 | Joseph Chitty, Thomas Chitty - 1837 - 860 pages
...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) ;... | |
 | Louisiana. Supreme Court, Merritt M. Robinson - 1842 - 704 pages
...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... | |
 | United States. Supreme Court - 1844 - 800 pages
...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... | |
 | Arkansas. Supreme Court - 1876 - 738 pages
...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,... | |
 | 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 pages
...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... | |
 | John Bouvier - 1854 - 756 pages
...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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... the plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of the defendant. 
