 | Daniel Moreau Barringer, John Stokes Adams - 1897 - 1028 pages
...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... | |
 | 1898 - 1130 pages
...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 defeated, it is... | |
 | United States. Supreme Court - 1921 - 1160 pages
...Henry F. Woodard submitted the cause for plaintiffs in error and appellants: The plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversary's title. Dick v. Foraker, 155 US 404, 414, 39 L. ed. 201, 205, 16 Sup. Ct. Rep. 124; Orton т. Smith,... | |
 | John Wurts, Edward Franklin White - 1921 - 886 pages
...Johnson v. Rhodes, 62 Fla. 220, 56 So. 439. (1891). The rule in ejectment that a plaintiff must recover upon the strength of his own title, and not upon the weakness of his adversary's title does not require him to exhibit a perfect claim of title from the original source, as against... | |
 | William Mark McKinney - 1915 - 1390 pages
...has acquired the force of a maxim, that the plaintiff in ejectment must recover, if at all, on the strength of his own title, and not upon the weakness of his adversary's.* His title must either be in itself good against all the world, v. Robb, 67 NJL 260, 51 Atl. 509, LRA(NS)... | |
 | New Mexico. Supreme Court - 1922 - 798 pages
...SYLLABUS BY THE COURT (1) As a general rule, in a suit to quiet title, the plaintiff must recover, if at all, upon the strength of his own title and not upon the weakness of that of his adversary. P. 667 (2) Where reliance is placed solely upon paper title, the plaintiff must... | |
 | New York (State). Supreme Court. Appellate Division - 1922 - 1050 pages
...Barb. 526.) In this respect both stand in the position of a plaintiff in ejectment, who must recover upon the strength of his own title, and not upon the weakness of defendant's. Indeed, it is a good defense to an ordinary action of replevin that the right to the possession... | |
 | Josephus Nelson Larned - 1923 - 960 pages
...except dower. It is in general use in some form in this country, and by it the plaintiff recovers, if at all, upon the strength of his own title, and not upon the weakness of that of the tenant, since possession is deemed conclusive evidence of title as to all persons except... | |
 | Virginia. Supreme Court of Appeals - 1923 - 966 pages
...See infra, "Admission that Defendant's Title Is the Older." In ejectment, the plaintiff must recover, if at all, upon the strength of his own title and not upon the weakness of the title of the defendant. Gutshall v. Hamilton, 416. ELECTION OF REMEDIES. See CRIMINAL LAW. Vendor... | |
 | 1923 - 1084 pages
...belonging to another.16 in. DEFENSES. § 17. Outstanding Title.— The plaintiff in ejectment must recover upon the strength of his own title and not upon the weakness of his adversary's.17 Therefore, when 11. Garner v. Marshall, 9 CaL 16. King v. La Grange, 61 CaL. 268. 221:... | |
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The question remains whether the plaintiff has made out his title; for he must recover (if at all) upon the strength of his own title, and not upon the weakness of that of his adversaries. 
