A Treatise on the Trial of Title to Land: Including Ejectment, Trespass to Try Title, Writs of Entry, and Statutory Remedies for the Recovery of Real Property, Embracing Legal and Equitable Titles and DefensesBaker, Voorhis, 1886 - 884 էջ |
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Common terms and phrases
action of ejectment actual possession adverse possession alleged apply Barb cited claimant co-tenant color of title common law Conn constitute constructive possession conveyance court of equity damages Davis declaration deed defendant disseizin easement entitled equity estoppel evidence fact fee simple fraud grant grantor improvements interest Iowa Jackson Jones judgment in ejectment jurisdiction jury landlord lease legal title maintain ejectment Mass matter ment mesne profits mortgagee mortgagor notice to quit occupant ouster ownership party Penn person plaintiff pleading posses possession of land possessor practice premises principle proceedings purchase question real actions real property recover recovery remedy rule seizin sion Smith statute of limitations statutory sufficient suit Supreme Court tenants in common Tenn tion title to land trespass trial true owner try title United vendee vendor verdict Wall Wend writ of right York York Supreme Court
Սիրված հատվածներ
Էջ 729 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Էջ 751 - ... costs, the sum or value being made to appear, one or more of the plaintiffs or defendants, before the trial, may state to the court, and make affidavit, if the court require it, that he or they claim and...
Էջ 742 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Էջ 754 - ... where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Էջ 665 - While the different nations of Europe respected the right of the natives, as occupants, they asserted the ultimate dominion to be in themselves ; and claimed and exercised, as a consequence of this ultimate dominion, a power to grant the soil, while yet in possession of the natives. These grants have been understood by all to convey a title to the grantees, subject only to the Indian right of occupancy.
Էջ 87 - 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, no shade would be cast Dy the presence of the deed.
Էջ 548 - A mere intruder cannot enter on a person actually seized, and eject him, and then question his title, or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property.
Էջ 163 - It is inherent in the nature of sovereignty, not to be amenable to the suit of an individual without its consent. This is the general sense, and the general practice of mankind ; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every state in the union.
Էջ 169 - Another consideration is, that since the United States cannot be made a defendant to a suit concerning its property, and no judgment in any suit against an individual who has possession or control of such property can bind or conclude the government, as is decided by this court in the case of Carr v.
Էջ 371 - The estoppel is not confined to the judgment, but extends to all facts involved in it as necessary steps, or the groundwork upon which it must have been founded.